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-CITE-
42 USC CHAPTER 82 - SOLID WASTE DISPOSAL 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL

-HEAD-
CHAPTER 82 - SOLID WASTE DISPOSAL
-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS
Sec.
6901. Congressional findings.
6901a. Congressional findings: used oil recycling.
6902. Objectives and national policy.
6903. Definitions.
6904. Governmental cooperation.
6905. Application of chapter and integration with other
Acts.
6906. Financial disclosure.
6907. Solid waste management information and guidelines.
6908. Small town environmental planning.
6908a. Agreements with Indian tribes.

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE
ADMINISTRATOR
6911. Office of Solid Waste and Interagency Coordinating
Committee.
6911a. Assistant Administrator of Environmental Protection
Agency; appointment, etc.
6912. Authorities of Administrator.
6913. Resource Recovery and Conservation Panels.
6914. Grants for discarded tire disposal.
6914a. Labeling of lubricating oil.
6914b. Degradable plastic ring carriers; definitions.
6914b-1. Regulation of plastic ring carriers.
6915. Annual report.
6916. General authorization.
6917. Office of Ombudsman.

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT
6921. Identification and listing of hazardous waste.
6922. Standards applicable to generators of hazardous waste.
6923. Standards applicable to transporters of hazardous
waste.
6924. Standards applicable to owners and operators of
hazardous waste treatment, storage, and disposal
facilities.
6925. Permits for treatment, storage, or disposal of
hazardous waste.
6926. Authorized State hazardous waste programs.
6927. Inspections.
6928. Federal enforcement.
6929. Retention of State authority.
6930. Effective date.
6931. Authorization of assistance to States.
6932. Transferred.
6933. Hazardous waste site inventory.
6934. Monitoring, analysis, and testing.
6935. Restrictions on recycled oil.
6936. Expansion during interim status.
6937. Inventory of Federal agency hazardous waste
facilities.
6938. Export of hazardous wastes.
6939. Domestic sewage.
6939a. Exposure information and health assessments.
6939b. Interim control of hazardous waste injection.
6939c. Mixed waste inventory reports and plan.
6939d. Public vessels.
6939e. Federally owned treatment works.

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.
6943. Requirements for approval of plans.
6944. Criteria for sanitary landfills; sanitary landfills
required for all disposal.
6945. Upgrading of open dumps.
6946. Procedure for development and implementation of State
plan.
6947. Approval of State plan; Federal assistance.
6948. Federal assistance.
6949. Rural communities assistance.
6949a. Adequacy of certain 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.
6962. Federal procurement.
6963. Cooperation with Environmental Protection Agency.
6964. Applicability of solid waste disposal guidelines to
Executive agencies.
6965. Chief Financial Officer report.
6966. Increased use of recovered mineral component in
federally funded projects involving procurement of
cement or concrete.
6966a. Increased use of recovered mineral component in
federally funded projects involving procurement of
cement or concrete.
6966b. Use of granular mine tailings.

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS
6971. Employee protection.
6972. Citizen suits.
6973. Imminent hazard.
6974. Petition for regulations; public participation.
6975. Separability.
6976. Judicial review.
6977. Grants or contracts for training projects.
6978. Payments.
6979. Labor standards.
6979a. Transferred.
6979b. Law enforcement authority.

SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
INFORMATION
6981. Research, demonstration, training, and other
activities.
6982. Special studies; plans for research, development, and
demonstrations.
6983. Coordination, collection, and dissemination of
information.
6984. Full-scale demonstration facilities.
6985. Special study and demonstration projects on recovery
of useful energy and materials.
6986. Grants for resource recovery systems and improved
solid waste disposal facilities.
6987. Authorization of appropriations.

SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS
6991. Definitions and exemptions.
6991a. Notification.
6991b. Release detection, prevention, and correction
regulations.
6991c. Approval of State programs.
6991d. Inspections, monitoring, testing, and corrective
action.
6991e. Federal enforcement.
6991f. Federal facilities.
6991g. State authority.
6991h. Study of underground storage tanks.
6991i. Operator training.
6991j. Use of funds for release prevention and compliance.
6991k. Delivery prohibition.
6991l. Tanks on tribal lands.
6991m. Authorization of appropriations.

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM
6992. Scope of demonstration program for medical waste.
6992a. Listing of medical wastes.
6992b. Tracking of medical waste.
6992c. Inspections.
6992d. Enforcement.
6992e. Federal facilities.
6992f. Relationship to State law.
6992g. Repealed.
6992h. Health impacts report.
6992i. General provisions.
6992j. Effective date.
6992k. Authorization of appropriations.

-End-


-CITE-
42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/03/2007

-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 01/03/2007

-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 2005 AMENDMENT
Pub. L. 109-58, title XV, Sec. 1521, Aug. 8, 2005, 119 Stat.
1092, provided that: "This subtitle [subtitle B (Secs. 1521-1533)
of title XV of Pub. L. 109-58, enacting sections 6991j to 6991m of
this title, amending sections 6991 to 6991f, 6991h, and 6991i of
this title, and enacting provisions set out as notes under section
6991b of this title] may be cited as the 'Underground Storage Tank
Compliance Act'."

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
Pub. L. 89-272, title II, Sec. 1001, as added by Pub. L. 94-580,
Sec. 2, Oct. 21, 1976, 90 Stat. 2795, provided that: "This title
(hereinafter in this title referred to as 'this Act'), together
with the following table of contents, may be cited as the 'Solid
Waste Disposal Act' " [table of contents omitted].

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 01/03/2007

-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 01/03/2007

-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).

-End-



-CITE-
42 USC Sec. 6903 01/03/2007

-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. Functions and authority vested in Secretary of Energy
subsequently transferred to Federal Coordinator for Alaska Natural
Gas Transportation Projects by section 720d(f) of Title 15.

-End-



-CITE-
42 USC Sec. 6904 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6905 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, 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 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6907 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6908 01/03/2007

-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 01/03/2007

-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 01/03/2007

-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

-End-



-CITE-
42 USC Sec. 6911 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6911a 01/03/2007

-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.

-End-



-CITE-
42 USC Sec. 6912 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6913 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6914 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6914a 01/03/2007

-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:

"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 01/03/2007

-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 01/03/2007

-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.

-End-



-CITE-
42 USC Sec. 6915 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6916 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6917 01/03/2007

-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 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-
SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-End-



-CITE-
42 USC Sec. 6921 01/03/2007

-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.
(j) Methamphetamine production
Not later than every 24 months, the Administrator shall submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public Works
of the Senate a report setting forth information collected by the
Administrator from law enforcement agencies, States, and other
relevant stakeholders that identifies the byproducts of the
methamphetamine production process and whether the Administrator
considers each of the byproducts to be a hazardous waste pursuant
to this section and relevant regulations.

-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; Pub. L. 109-
177, title VII, Sec. 742, Mar. 9, 2006, 120 Stat. 272.)

-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
2006 - Subsec. (j). Pub. L. 109-177 added subsec. (j).
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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, 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.

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


-End-



-CITE-
42 USC Sec. 6922 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6923 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
42 USC Sec. 6924 01/03/2007

-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 1*10<sup>-7</sup> 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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-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 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-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 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
42 USC Sec. 6927 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6928 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6929 01/03/2007

-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 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a semicolon.


-End-



-CITE-
42 USC Sec. 6931 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-FOOTNOTE-
(!1) So in original. Probably should be followed by a comma.


-End-



-CITE-
42 USC Sec. 6932 01/03/2007

-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 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6934 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6935 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-FOOTNOTE-
(!1) So in original. Probably should be "sections".


-End-



-CITE-
42 USC Sec. 6936 01/03/2007

-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 01/03/2007

-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.)

-End-



-CITE-
42 USC Sec. 6938 01/03/2007

-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 01/03/2007

-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 01/03/2007

-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.)

-End-



-CITE-
42 USC Sec. 6939b 01/03/2007

-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".

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.


-End-



-CITE-
42 USC Sec. 6939c 01/03/2007

-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 01/03/2007

-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 01/03/2007

-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 01/03/2007

-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

-End-



-CITE-
42 USC Sec. 6941 01/03/2007

-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.

-End-



-CITE-
42 USC Sec. 6941a 01/03/2007

-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 01/03/2007

-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6943 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-
Sec. 6943. Requirements for approval of plans

-STATUTE-
(a) Minimum requirements
In order to be approved under section 6947 of this title, each
State plan must comply with the following minimum requirements -
(1) The plan shall identify (in accordance with section 6946(b)
of this title) (A) the responsibilities of State, local, and
regional authorities in the implementation of the State plan, (B)
the distribution of Federal funds to the authorities responsible
for development and implementation of the State plan, and (C) the
means for coordinating regional planning and implementation under
the State plan.
(2) The plan shall, in accordance with sections 6944(b) and
6945(a) of this title, prohibit the establishment of new open
dumps within the State, and contain requirements that all solid
waste (including solid waste originating in other States, but not
including hazardous waste) shall be (A) utilized for resource
recovery or (B) disposed of in sanitary landfills (within the
meaning of section 6944(a) of this title) or otherwise disposed
of in an environmentally sound manner.
(3) The plan shall provide for the closing or upgrading of all
existing open dumps within the State pursuant to the requirements
of section 6945 of this title.
(4) The plan shall provide for the establishment of such State
regulatory powers as may be necessary to implement the plan.
(5) The plan shall provide that no State or local government
within the State shall be prohibited under State or local law
from negotiating and entering into long-term contracts for the
supply of solid waste to resource recovery facilities, from
entering into long-term contracts for the operation of such
facilities, or from securing long-term markets for material and
energy recovered from such facilities or for conserving materials
or energy by reducing the volume of waste.
(6) The plan shall provide for such resource conservation or
recovery and for the disposal of solid waste in sanitary
landfills or any combination of practices so as may be necessary
to use or dispose of such waste in a manner that is
environmentally sound.
(b) Discretionary plan provisions relating to recycled oil
Any State plan submitted under this subchapter may include, at
the option of the State, provisions to carry out each of the
following:
(1) Encouragement, to the maximum extent feasible and
consistent with the protection of the public health and the
environment, of the use of recycled oil in all appropriate areas
of State and local government.
(2) Encouragement of persons contracting with the State to use
recycled oil to the maximum extent feasible, consistent with
protection of the public health and the environment.
(3) Informing the public of the uses of recycled oil.
(4) Establishment and implementation of a program (including
any necessary licensing of persons and including the use, where
appropriate, of manifests) to assure that used oil is collected,
transported, treated, stored, reused, and disposed of, in a
manner which does not present a hazard to the public health or
the environment.

Any plan submitted under this chapter before October 15, 1980, may
be amended, at the option of the State, at any time after such date
to include any provision referred to in this subsection.
(c) Energy and materials conservation and recovery feasibility
planning and assistance
(1) A State which has a plan approved under this subchapter or
which has submitted a plan for such approval shall be eligible for
assistance under section 6948(a)(3) of this title if the
Administrator determines that under such plan the State will -
(A) analyze and determine the economic and technical
feasibility of facilities and programs to conserve resources
which contribute to the waste stream or to recover energy and
materials from municipal waste;
(B) analyze the legal, institutional, and economic impediments
to the development of systems and facilities for conservation of
energy or materials which contribute to the waste stream or for
the recovery of energy and materials from municipal waste and
make recommendations to appropriate governmental authorities for
overcoming such impediments;
(C) assist municipalities within the State in developing plans,
programs, and projects to conserve resources or recover energy
and materials from municipal waste; and
(D) coordinate the resource conservation and recovery planning
under subparagraph (C).

(2) The analysis referred to in paragraph (1)(A) shall include -
(A) the evaluation of, and establishment of priorities among,
market opportunities for industrial and commercial users of all
types (including public utilities and industrial parks) to
utilize energy and materials recovered from municipal waste;
(B) comparisons of the relative costs of energy recovered from
municipal waste in relation to the costs of energy derived from
fossil fuels and other sources;
(C) studies of the transportation and storage problems and
other problems associated with the development of energy and
materials recovery technology, including curbside source
separation;
(D) the evaluation and establishment of priorities among ways
of conserving energy or materials which contribute to the waste
stream;
(E) comparison of the relative total costs between conserving
resources and disposing of or recovering such waste; and
(F) studies of impediments to resource conservation or
recovery, including business practices, transportation
requirements, or storage difficulties.

Such studies and analyses shall also include studies of other
sources of solid waste from which energy and materials may be
recovered or minimized.
(d) Size of waste-to-energy facilities
Notwithstanding any of the above requirements, it is the
intention of this chapter and the planning process developed
pursuant to 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.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 4003, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2814; amended Pub. L. 96-463, Sec. 5(b),
Oct. 15, 1980, 94 Stat. 2056; Pub. L. 96-482, Secs. 18, 32(d), Oct.
21, 1980, 94 Stat. 2345, 2353; Pub. L. 98-616, title III, Sec.
301(b), title V, Sec. 502(h), Nov. 8, 1984, 98 Stat. 3267, 3277.)

-COD-
CODIFICATION
Another section 5(b) of Pub. L. 96-463 amended section 6948 of
this title.


-MISC1-
AMENDMENTS
1984 - Subsecs. (b), (c). Pub. L. 98-616, Sec. 502(h),
redesignated the subsec. (b) entitled energy and materials
conservation and recovery feasibility planning and assistance, as
subsec. (c).
Subsec. (d). Pub. L. 98-616, Sec. 301(b), added subsec. (d).
1980 - Subsec. (a). Pub. L. 96-463, Sec. 5(b), and Pub. L. 96-
482, Sec. 32(d)(2), designated existing provisions as subsec. (a).
Subsec. (a)(2). Pub. L. 96-482, Sec. 18(a), substituted reference
to sections 6944(b) and 6945(a) of this title for reference to
section 6945(c) of this title.
Subsec. (a)(5). Pub. L. 96-482, Secs. 18(b), 32(d)(1),
substituted "State or local government" for "local government" and
required State plan recognition of right to enter into long-term
contracts for operation of resource recovery facilities and to
secure long-term markets for material and energy recovered from
such facilities, and required State plan recognition of right to
negotiate long-term contracts and to negotiate and enter into such
contracts for conserving materials or energy by reducing the volume
of waste.
Subsec. (b). Pub. L. 96-463, Sec. 5(b), added subsec. (b)
relating to discretionary plan provisions for recycled oil.
Pub. L. 96-482, Sec. 32(d)(2), added subsec. (b) relating to
energy and materials conservation and recovery feasibility planning
and assistance.

-End-



-CITE-
42 USC Sec. 6944 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-
Sec. 6944. Criteria for sanitary landfills; sanitary landfills
required for all disposal

-STATUTE-
(a) Criteria for sanitary landfills
Not later than one year after October 21, 1976, after
consultation with the States, and after notice and public hearings,
the Administrator shall promulgate regulations containing criteria
for determining which facilities shall be classified as sanitary
landfills and which shall be classified as open dumps within the
meaning of this chapter. At a minimum, such criteria shall provide
that a facility may be classified as a sanitary landfill and not an
open dump only if there is no reasonable probability of adverse
effects on health or the environment from disposal of solid waste
at such facility. Such regulations may provide for the
classification of the types of sanitary landfills.
(b) Disposal required to be in sanitary landfills, etc.
For purposes of complying with section 6943(2) (!1) of this title
each State plan shall prohibit the establishment of open dumps and
contain a requirement that disposal of all solid waste within the
State shall be in compliance with such section 6943(2) (!1) of this
title.

(c) Effective date
The prohibition contained in subsection (b) of this section shall
take effect on the date six months after the date of promulgation
of regulations under subsection (a) of this section.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 4004, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2815; amended Pub. L. 98-616, title III,
Sec. 302(b), Nov. 8, 1984, 98 Stat. 3268.)

-REFTEXT-
REFERENCES IN TEXT
Section 6943(2) of this title, referred to in subsec. (b), was
redesignated section 6943(a)(2) of this title by Pub. L. 96-463,
Sec. 5(b), Oct. 15, 1980, 94 Stat. 2056, and Pub. L. 96-482, Sec.
32(d)(2), Oct. 21, 1980, 94 Stat. 2353.


-MISC1-
AMENDMENTS
1984 - Subsec. (c). Pub. L. 98-616 struck out "or on the date of
approval of the State plan, whichever is later" at end.


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
42 USC Sec. 6945 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-
Sec. 6945. Upgrading of open dumps

-STATUTE-
(a) Closing or upgrading of existing open dumps
Upon promulgation of criteria under section 6907(a)(3) of this
title, any solid waste management practice or disposal of solid
waste or hazardous waste which constitutes the open dumping of
solid waste or hazardous waste is prohibited, except in the case of
any practice or disposal of solid waste under a timetable or
schedule for compliance established under this section. The
prohibition contained in the preceding sentence shall be
enforceable under section 6972 of this title against persons
engaged in the act of open dumping. For purposes of complying with
section 6943(a)(2) and 6943(a)(3) of this title, each State plan
shall contain a requirement that all existing disposal facilities
or sites for solid waste in such State which are open dumps listed
in the inventory under subsection (b) of this section shall comply
with such measures as may be promulgated by the Administrator to
eliminate health hazards and minimize potential health hazards.
Each such plan shall establish, for any entity which demonstrates
that it has considered other public or private alternatives for
solid waste management to comply with the prohibition on open
dumping and is unable to utilize such alternatives to so comply, a
timetable or schedule for compliance for such practice or disposal
of solid waste which specifies a schedule of remedial measures,
including an enforceable sequence of actions or operations, leading
to compliance with the prohibition on open dumping of solid waste
within a reasonable time (not to exceed 5 years from the date of
publication of criteria under section 6907(a)(3) of this title).
(b) Inventory
To assist the States in complying with section 6943(a)(3) of this
title, not later than one year after promulgation of regulations
under section 6944 of this title, the Administrator, with the
cooperation of the Bureau of the Census shall publish an inventory
of all disposal facilities or sites in the United States which are
open dumps within the meaning of this chapter.
(c) Control of hazardous disposal
(1)(A) Not later than 36 months after November 8, 1984, each
State shall adopt and implement a permit program or other system of
prior approval and conditions to assure that each solid waste
management facility within such State which may receive hazardous
household waste or hazardous waste due to the provision of section
6921(d) of this title for small quantity generators (otherwise not
subject to the requirement for a permit under section 6925 of this
title) will comply with the applicable criteria promulgated under
section 6944(a) and 6907(a)(3) of this title.
(B) Not later than eighteen months after the promulgation of
revised criteria under subsection (!1) 6944(a) of this title (as
required by section 6949a(c) of this title), each State shall adopt
and implement a permit program or other system or (!2) prior
approval and conditions, to assure that each solid waste management
facility within such State which may receive hazardous household
waste or hazardous waste due to the provision of section 6921(d) of
this title for small quantity generators (otherwise not subject to
the requirement for a permit under section 6925 of this title) will
comply with the criteria revised under section 6944(a) of this
title.


(C) The Administrator shall determine whether each State has
developed an adequate program under this paragraph. The
Administrator may make such a determination in conjunction with
approval, disapproval or partial approval of a State plan under
section 6947 of this title.
(2)(A) In any State that the Administrator determines has not
adopted an adequate program for such facilities under paragraph
(1)(B) by the date provided in such paragraph, the Administrator
may use the authorities available under sections 6927 and 6928 of
this title to enforce the prohibition contained in subsection (a)
of this section with respect to such facilities.
(B) For purposes of this paragraph, the term "requirement of this
subchapter" in section 6928 of this title shall be deemed to
include criteria promulgated by the Administrator under sections
6907(a)(3) and 6944(a) of this title, and the term "hazardous
wastes" in section 6927 of this title shall be deemed to include
solid waste at facilities that may handle hazardous household
wastes or hazardous wastes from small quantity generators.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 4005, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2815; amended Pub. L. 96-482, Sec.
19(a), (b), Oct. 21, 1980, 94 Stat. 2345; Pub. L. 98-616, title
III, Sec. 302(c), title IV, Sec. 403(c), title V, Sec. 502(c), Nov.
8, 1984, 98 Stat. 3268, 3272, 3276.)

-COD-
CODIFICATION
Another section 19(b) of Pub. L. 96-482 amended section 6946 of
this title.


-MISC1-
AMENDMENTS
1984 - Subsec. (a). Pub. L. 98-616, Sec. 403(c), inserted after
first sentence "The prohibition contained in the preceding sentence
shall be enforceable under section 6972 of this title against
persons engaged in the act of open dumping."
Pub. L. 98-616, Sec. 502(c), inserted a closing parenthesis
before the period at end.
Subsec. (c). Pub. L. 98-616, Sec. 302(c), added subsec. (c).
1980 - Subsec. (a). Pub. L. 96-482, Sec. 19(a), (b)(1), struck
out subsec. (a) which defined "open dump", which is covered in
section 6903(14) of this title, redesignated subsec. (c) as (a) and
substituted "Upon promulgation of criteria under section 6907(a)(3)
of this title, any" for "Any", "section 6943(a)(2) and 6943(a)(3)
of this title" for "section 6943(2) of this title", and "criteria
under section 6907(a)(3) of this title" for "the inventory under
subsection (b) of this section".
Amendment by section 19(b)(1) of Pub. L. 96-482, directing that
following reference to "4003(2)", which had been editorially
translated as section 6943(2) of this title, the phrase "and
4003(3)" be inserted, was executed by translating "4003(2) and
4003(3)" as section 6943(a)(2) and 6943(a)(3) of this title, in
view of the designation of the existing provisions of section 6943
of this title as subsec. (a) of section 6943 of this title by
section 5(b) of Pub. L. 96-463 and also by section 32(d)(2) of Pub.
L. 96-482.
Subsec. (b). Pub. L. 96-482, Sec. 19(b)(2), inserted introductory
phrase "To assist the States in complying with section 6943(a)(3)
of this title". Amendment referring to section "4003(3)" was
executed by translating "4003(3)" as section 6943(a)(3) of this
title, in view of the designation of the existing provisions of
section 6943 of this title as subsec. (a) of section 6943 of this
title by section 5(b) of Pub. L. 96-463 and also by section
32(d)(2) of Pub. L. 96-482.
Subsec. (c). Pub. L. 96-482, Sec. 19(a), redesignated subsec. (c)
as (a).


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-FOOTNOTE-
(!1) So in original. Probably should be "section".

(!2) So in original. Probably should be "of".


-End-



-CITE-
42 USC Sec. 6946 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-
Sec. 6946. Procedure for development and implementation of State
plan

-STATUTE-
(a) Identification of regions
Within one hundred and eighty days after publication of
guidelines under section 6942(a) of this title (relating to
identification of regions), the Governor of each State, after
consultation with local elected officials, shall promulgate
regulations based on such guidelines identifying the boundaries of
each area within the State which, as a result of urban
concentrations, geographic conditions, markets, and other factors,
is appropriate for carrying out regional solid waste management.
Such regulations may be modified from time to time (identifying
additional or different regions) pursuant to such guidelines.
(b) Identification of State and local agencies and responsibilities
(1) Within one hundred and eighty days after the Governor
promulgates regulations under subsection (a) of this section, for
purposes of facilitating the development and implementation of a
State plan which will meet the minimum requirements of section 6943
of this title, the State, together with appropriate elected
officials of general purpose units of local government, shall
jointly (A) identify an agency to develop the State plan and
identify one or more agencies to implement such plan, and (B)
identify which solid waste management activities will, under such
State plan, be planned for and carried out by the State and which
such management activities will, under such State plan, be planned
for and carried out by a regional or local authority or a
combination of regional or local and State authorities. If a multi-
functional regional agency authorized by State law to conduct
solid waste planning and management (the members of which are
appointed by the Governor) is in existence on October 21, 1976, the
Governor shall identify such authority for purposes of carrying out
within such region clause (A) of this paragraph. Where feasible,
designation of the agency for the affected area designated under
section 1288 of title 33 shall be considered. A State agency
identified under this paragraph shall be established or designated
by the Governor of such State. Local or regional agencies
identified under this paragraph shall be composed of individuals at
least a majority of whom are elected local officials.
(2) If planning and implementation agencies are not identified
and designated or established as required under paragraph (1) for
any affected area, the governor shall, before the date two hundred
and seventy days after promulgation of regulations under subsection
(a) of this section, establish or designate a State agency to
develop and implement the State plan for such area.
(c) Interstate regions
(1) In the case of any region which, pursuant to the guidelines
published by the Administrator under section 6942(a) of this title
(relating to identification of regions), would be located in two or
more States, the Governors of the respective States, after
consultation with local elected officials, shall consult,
cooperate, and enter into agreements identifying the boundaries of
such region pursuant to subsection (a) of this section.
(2) Within one hundred and eighty days after an interstate region
is identified by agreement under paragraph (1), appropriate elected
officials of general purpose units of local government within such
region shall jointly establish or designate an agency to develop a
plan for such region. If no such agency is established or
designated within such period by such officials, the Governors of
the respective States may, by agreement, establish or designate for
such purpose a single representative organization including elected
officials of general purpose units of local government within such
region.
(3) Implementation of interstate regional solid waste management
plans shall be conducted by units of local government for any
portion of a region within their jurisdiction, or by
multijurisdictional agencies or authorities designated in
accordance with State law, including those designated by agreement
by such units of local government for such purpose. If no such
unit, agency, or authority is so designated, the respective
Governors shall designate or establish a single interstate agency
to implement such plan.
(4) For purposes of this subchapter, so much of an interstate
regional plan as is carried out within a particular State shall be
deemed part of the State plan for such State.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 4006, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2816; amended Pub. L. 96-482, Sec.
19(b), Oct. 21, 1980, 94 Stat. 2345.)

-COD-
CODIFICATION
Another section 19(b) of Pub. L. 96-482 amended section 6945 of
this title.


-MISC1-
AMENDMENTS
1980 - Subsec. (b)(1)(B). Pub. L. 96-482 substituted "management
activities" for "functions" in two places.


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6947 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-
Sec. 6947. Approval of State plan; Federal assistance

-STATUTE-
(a) Plan approval
The Administrator shall, within six months after a State plan has
been submitted for approval, approve or disapprove the plan. The
Administrator shall approve a plan if he determines that -
(1) it meets the requirements of paragraphs (1), (2), (3), and
(5) of section 6943(a) of this title; and
(2) it contains provision for revision of such plan, after
notice and public hearing, whenever the Administrator, by
regulation, determines -
(A) that revised regulations respecting minimum requirements
have been promulgated under paragraphs (1), (2), (3), and (5)
of section 6943(a) of this title with which the State plan is
not in compliance;
(B) that information has become available which demonstrates
the inadequacy of the plan to effectuate the purposes of this
subchapter; or
(C) that such revision is otherwise necessary.

The Administrator shall review approved plans from time to time and
if he determines that revision or corrections are necessary to
bring such plan into compliance with the minimum requirements
promulgated under section 6943 of this title (including new or
revised requirements), he shall, after notice and opportunity for
public hearing, withdraw his approval of such plan. Such withdrawal
of approval shall cease to be effective upon the Administrator's
determination that such complies with such minimum requirements.
(b) Eligibility of States for Federal financial assistance
(1) The Administrator shall approve a State application for
financial assistance under this subchapter, and make grants to such
State, if such State and local and regional authorities within such
State have complied with the requirements of section 6946 of this
title within the period required under such section and if such
State has a State plan which has been approved by the Administrator
under this subchapter.
(2) The Administrator shall approve a State application for
financial assistance under this subchapter, and make grants to such
State, for fiscal years 1978 and 1979 if the Administrator
determines that the State plan continues to be eligible for
approval under subsection (a) of this section and is being
implemented by the State.
(3) Upon withdrawal of approval of a State plan under subsection
(a) of this section, the Administrator shall withhold Federal
financial and technical assistance under this subchapter (other
than such technical assistance as may be necessary to assist in
obtaining the reinstatement of approval) until such time as such
approval is reinstated.
(c) Existing activities
Nothing in this subchapter shall be construed to prevent or
affect any activities respecting solid waste planning or management
which are carried out by State, regional, or local authorities
unless such activities are inconsistent with a State plan approved
by the Administrator under this subchapter.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 4007, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2817; amended Pub. L. 95-609, Sec. 7(l),
Nov. 8, 1978, 92 Stat. 3082; Pub. L. 104-119, Sec. 4(8), Mar. 26,
1996, 110 Stat. 833.)


-MISC1-
AMENDMENTS
1996 - Subsec. (a)(1), (2)(A). Pub. L. 104-119 substituted
"section 6943(a) of this title" for "section 6943 of this title".
1978 - Subsec. (c). Pub. L. 95-609 substituted "(c)" for "(C)" in
subsection designation.


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6948 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-
Sec. 6948. Federal assistance

-STATUTE-
(a) Authorization of Federal financial assistance
(1) There are authorized to be appropriated $30,000,000 for
fiscal year 1978, $40,000,000 for fiscal year 1979, $20,000,000 for
fiscal year 1980, $15,000,000 for fiscal year 1981, $20,000,000 for
the fiscal year 1982, and $10,000,000 for each of the fiscal years
1985 through 1988 for purposes of financial assistance to States
and local, regional, and interstate authorities for the development
and implementation of plans approved by the Administrator under
this subchapter (other than the provisions of such plans referred
to in section 6943(b) (!1) of this title, relating to feasibility
planning for municipal waste energy and materials conservation and
recovery).

(2)(A) The Administrator is authorized to provide financial
assistance to States, counties, municipalities, and intermunicipal
agencies and State and local public solid waste management
authorities for implementation of programs to provide solid waste
management, resource recovery, and resource conservation services
and hazardous waste management. Such assistance shall include
assistance for facility planning and feasibility studies; expert
consultation; surveys and analyses of market needs; marketing of
recovered resources; technology assessments; legal expenses;
construction feasibility studies; source separation projects; and
fiscal or economic investigations or studies; but such assistance
shall not include any other element of construction, or any
acquisition of land or interest in land, or any subsidy for the
price of recovered resources. Agencies assisted under this
subsection shall consider existing solid waste management and
hazardous waste management services and facilities as well as
facilities proposed for construction.
(B) An applicant for financial assistance under this paragraph
must agree to comply with respect to the project or program
assisted with the applicable requirements of section 6945 of this
title and subchapter III of this chapter and apply applicable solid
waste management practices, methods, and levels of control
consistent with any guidelines published pursuant to section 6907
of this title. Assistance under this paragraph shall be available
only for programs certified by the State to be consistent with any
applicable State or areawide solid waste management plan or
program. Applicants for technical and financial assistance under
this section shall not preclude or foreclose consideration of
programs for the recovery of recyclable materials through source
separation or other resource recovery techniques.
(C) There are authorized to be appropriated $15,000,000 for each
of the fiscal years 1978 and 1979 for purposes of this section.
There are authorized to be appropriated $10,000,000 for fiscal year
1980, $10,000,000 for fiscal year 1981, $10,000,000 for fiscal year
1982, and $10,000,000 for each of the fiscal years 1985 through
1988 for purposes of this paragraph.
(D) There are authorized -
(i) to be made available $15,000,000 out of funds appropriated
for fiscal year 1985, and
(ii) to be appropriated for each of the fiscal years 1986
though (!2) 1988, $20,000,000 (!3)



for grants to States (and where appropriate to regional, local, and
interstate agencies) to implement programs requiring compliance by
solid waste management facilities with the criteria promulgated
under section 6944(a) of this title and section 6907(a)(3) of this
title and with the provisions of section 6945 of this title. To the
extent practicable, such programs shall require such compliance not
later than thirty-six months after November 8, 1984.
(3)(A) There is authorized to be appropriated for the fiscal year
beginning October 1, 1981, and for each fiscal year thereafter
before October 1, 1986, $4,000,000 for purposes of making grants to
States to carry out section 6943(b) (!4) of this title. No amount
may be appropriated for such purposes for the fiscal year beginning
on October 1, 1986, or for any fiscal year thereafter.

(B) Assistance provided by the Administrator under this paragraph
shall be used only for the purposes specified in section 6943(b)
(!4) of this title. Such assistance may not be used for purposes of
land acquisition, final facility design, equipment purchase,
construction, startup or operation activities.
(C) Where appropriate, any State receiving assistance under this
paragraph may make all or any part of such assistance available to
municipalities within the State to carry out the activities
specified in section 6943(b)(1)(A) and (B) (!4) of this title.
(b) State allotment
The sums appropriated in any fiscal year under subsection (a)(1)
of this section shall be allotted by the Administrator among all
States, in the ratio that the population in each State bears to the
population in all of the States, except that no State shall receive
less than one-half of 1 per centum of the sums so allotted in any
fiscal year. No State shall receive any grant under this section
during any fiscal year when its expenditures of non-Federal funds
for other than non-recurrent expenditures for solid waste
management control programs will be less than its expenditures were
for such programs during fiscal year 1975, except that such funds
may be reduced by an amount equal to their proportionate share of
any general reduction of State spending ordered by the Governor or
legislature of such State. No State shall receive any grant for
solid waste management programs unless the Administrator is
satisfied that such grant will be so used as to supplement and, to
the extent practicable, increase the level of State, local,
regional, or other non-Federal funds that would in the absence of
such grant be made available for the maintenance of such programs.
(c) Distribution of Federal financial assistance within the State
The Federal assistance allotted to the States under subsection
(b) of this section shall be allocated by the State receiving such
funds to State, local, regional, and interstate authorities
carrying out planning and implementation of the State plan. Such
allocation shall be based upon the responsibilities of the
respective parties as determined pursuant to section 6946(b) of
this title.
(d) Technical assistance
(1) The Administrator may provide technical assistance to State
and local governments for purposes of developing and implementing
State plans. Technical assistance respecting resource recovery and
conservation may be provided through resource recovery and
conservation panels, established in the Environmental Protection
Agency under subchapter II of this chapter, to assist the State and
local governments with respect to particular resource recovery and
conservation projects under consideration and to evaluate their
effect on the State plan.
(2) In carrying out this subsection, the Administrator may, upon
request, provide technical assistance to States to assist in the
removal or modification of legal, institutional, economic, and
other impediments to the recycling of used oil. Such impediments
may include laws, regulations, and policies, including State
procurement policies, which are not favorable to the recycling of
used oil.
(3) In carrying out this subsection, the Administrator is
authorized to provide technical assistance to States,
municipalities, regional authorities, and intermunicipal agencies
upon request, to assist in the removal or modification of legal,
institutional, and economic impediments which have the effect of
impeding the development of systems and facilities to recovery
energy and materials from municipal waste or to conserve energy or
materials which contribute to the waste stream. Such impediments
may include -
(A) laws, regulations, and policies, including State and local
procurement policies, which are not favorable to resource
conservation and recovery policies, systems, and facilities;
(B) impediments to the financing of facilities to conserve or
recover energy and materials from municipal waste through the
exercise of State and local authority to issue revenue bonds and
the use of State and local credit assistance; and
(C) impediments to institutional arrangements necessary to
undertake projects for the conservation or recovery of energy and
materials from municipal waste, including the creation of special
districts, authorities, or corporations where necessary having
the power to secure the supply of waste of a project, to conserve
resources, to implement the project, and to undertake related
activities.
(e) Special communities
(1) The Administrator, in cooperation with State and local
officials, shall identify local governments within the United
States (A) having a solid waste disposal facility (i) which is
owned by the unit of local government, (ii) for which an order has
been issued by the State to cease receiving solid waste for
treatment, storage, or disposal, and (iii) which is subject to a
State-approved end-use recreation plan, and (B) which are located
over an aquifer which is the source of drinking water for any
person or public water system and which has serious environmental
problems resulting from the disposal of such solid waste, including
possible methane migration.
(2) There is authorized to be appropriated to the Administrator
$2,500,000 for the fiscal year 1980 and $1,500,000 for each of the
fiscal years 1981 and 1982 to make grants to be used for
containment and stabilization of solid waste located at the
disposal sites referred to in paragraph (1). Not more than one
community in any State shall be eligible for grants under this
paragraph and not more than one project in any State shall be
eligible for such grants. No unit of local government shall be
eligible for grants under this paragraph with respect to any site
which exceeds 65 acres in size.
(f) Assistance to States for discretionary program for recycled oil
(1) The Administrator may make grants to States, which have a
State plan approved under section 6947 of this title, or which have
submitted a State plan for approval under such section, if such
plan includes the discretionary provisions described in section
6943(b) of this title. Grants under this subsection shall be for
purposes of assisting the State in carrying out such discretionary
provisions. No grant under this subsection may be used for
construction or for the acquisition of land or equipment.
(2) Grants under this subsection shall be allotted among the
States in the same manner as provided in the first sentence of
subsection (b) of this section.
(3) No grant may be made under this subsection unless an
application therefor is submitted to, and approved by, the
Administrator. The application shall be in such form, be submitted
in such manner, and contain such information as the Administrator
may require.
(4) For purposes of making grants under this subsection, there
are authorized to be appropriated $5,000,000 for fiscal year 1982,
$5,000,000 for fiscal year 1983, and $5,000,000 for each of the
fiscal years 1985 through 1988.
(g) Assistance to municipalities for energy and materials
conservation and recovery planning activities
(1) The Administrator is authorized to make grants to
municipalities, regional authorities, and intermunicipal agencies
to carry out activities described in subparagraphs (A) and (B) of
section 6943(b)(1) (!5) of this title. Such grants may be made only
pursuant to an application submitted to the Administrator by the
municipality which application has been approved by the State and
determined by the State to be consistent with any State plan
approved or submitted under this subchapter or any other
appropriate planning carried out by the State.

(2) There is authorized to be appropriated for the fiscal year
beginning October 1, 1981, and for each fiscal year thereafter
before October 1, 1986, $8,000,000 for purposes of making grants to
municipalities under this subsection. No amount may be appropriated
for such purposes for the fiscal year beginning on October 1, 1986,
or for any fiscal year thereafter.
(3) Assistance provided by the Administrator under this
subsection shall be used only for the purposes specified in
paragraph (1). Such assistance may not be used for purposes of land
acquisition, final facility design, equipment purchase,
construction, startup or operation activities.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 4008, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2818; amended Pub. L. 96-463, Secs.
5(b), 6, Oct. 15, 1980, 94 Stat. 2057; Pub. L. 96-482, Secs. 20,
31(c), (d), 32(e), (f), Oct. 21, 1980, 94 Stat. 2345, 2352, 2354,
2355; Pub. L. 98-616, Sec. 2(d)-(g), (k), title V, Sec. 502(d),
(e), Nov. 8, 1984, 98 Stat. 3222, 3223, 3276.)

-REFTEXT-
REFERENCES IN TEXT
Section 6943(b) of this title, referred to in subsecs. (a)(1),
(3) and (g)(1), was redesignated section 6943(c) of this title by
Pub. L. 98-616, title V, Sec. 502(h), Nov. 8, 1984, 98 Stat. 3277.

-COD-
CODIFICATION
Section 2(d)-(g) of Pub. L. 98-616, cited as a credit to this
section, appears to contain typographical error in that the text of
subsec. (f)(1) of section 2007 of the Solid Waste Disposal Act (as
added by section 2(i) of Pub. L. 98-616) is also shown as the text
of subsec. "(f)(1)" of such section 2. Subsec. (f) of section 2, as
set out in the Conference Report (H. Rept. 98-1133) to accompany
H.R. 2867 (which became Pub. L. 98-616) read:
"(f) Section 4008(e)(2) of the Solid Waste Disposal Act (relating
to special communities) is amended by striking out 'and $1,500,000
for each of the fiscal years 1981 and 1982' and substituting ',
$1,500,000 for each of the fiscal years 1981 and 1982, and $500,000
for each of the fiscal years 1985 through 1988'."
Another section 5(b) of Pub. L. 96-463 amended section 6943 of
this title.


-MISC1-
AMENDMENTS
1984 - Subsec. (a)(1). Pub. L. 98-616, Sec. 2(d), authorized
appropriation of $10,000,000 for each of fiscal years 1985 through
1988.
Subsec. (a)(2)(C). Pub. L. 98-616, Sec. 2(e), authorized
appropriation of $10,000,000 for each of fiscal years 1985 through
1988.
Subsec. (a)(2)(D). Pub. L. 98-616, Sec. 2(k), added subpar. (D).
Subsec. (d)(2), (3). Pub. L. 98-616, Sec. 502(d), redesignated
second par. (2), relating to recovery of energy and materials from
municipal waste, as par. (3).
Subsec. (f). Pub. L. 98-616, Sec. 502(e), redesignated second
subsec. (f), relating to assistance to municipalities for energy
and materials conservation and recovery planning activities, as
subsec. (g).
Subsec. (f)(4). Pub. L. 98-616, Sec. 2(g), authorized
appropriation of $5,000,000 for each of fiscal years 1985 through
1988.
Subsec. (g). Pub. L. 98-616, Sec. 502(e), redesignated second
subsec. (f), relating to assistance to municipalities for energy
and materials conservation and recovery planning activities, as
subsec. (g).
1980 - Subsec. (a)(1). Pub. L. 96-482, Sec. 31(c), authorized
appropriations of $20,000,000, $15,000,000, and $20,000,000 for
fiscal years, 1980, 1981, and 1982, respectively, and substituted
provision making appropriation available for financial assistance
to States, and local, regional, and interstate authorities for
development and implementation of plans approved by the
Administrator, except plans referred to in section 6943(b) of this
title, relating to feasibility planning for municipal waste energy
and materials conservation and recovery for provision making
appropriations available to State for development and
implementation of State plans.
Subsec. (a)(2)(B). Pub. L. 96-482, Sec. 32(e)(1), provided that
applicants for technical and financial assistance shall not
preclude or foreclose consideration of programs for recovery of
recyclable materials through source separation or other resource
recovery techniques.
Subsec. (a)(2)(C). Pub. L. 96-482, Sec. 31(d), authorized
appropriation of $10,000,000 for each fiscal year 1980, 1981, and
1982.
Subsec. (a)(3). Pub. L. 96-482, Sec. 32(e)(2), added par. (3).
Subsec. (d). Pub. L. 96-463, Sec. 6, and Pub. L. 96-482, Sec.
32(f), designated existing provisions as par. (1).
Subsec. (d)(2). Pub. L. 96-463, Sec. 6, added par. (2)
authorizing the Administrator to provide technical assistance to
States to assist in the removal or modification of legal,
institutional, economic, and other impediments to the recycling of
used oil.
Pub. L. 96-482, Sec. 32(f), added par. (2) authorizing the
Administrator to provide technical assistance to States,
municipalities, regional authorities, and intermunicipal agencies
to assist in the removal or modification of legal, institutional,
and economic impediments which have the effect of impeding the
development of systems and facilities to recover energy and
materials from municipal waste.
Subsec. (e)(1). Pub. L. 96-482, Sec. 20(1)-(5), substituted in
provision preceding cl. (A) "identify local governments" for
"identify communities", struck out cl. (A), which required the
Administrator to identify populations of less than twenty-five
thousand persons, redesignated cls. (B) and (C) as (A) and (B),
respectively, in cl. (A) as so redesignated, substituted "a solid
waste disposal facility (i) which is owned by the unit of local
government, (ii) for which an order has been issued by the State to
cease receiving solid waste for treatment, storage, or disposal,
and (iii) which is subject to a State-approved end-use recreation
plan" for "solid waste disposal facilities in which more than 75
per centum of the solid waste of is from areas outside the
jurisdiction of the communities" in cl. (B) as so redesignated,
substituted "which are located over an aquifer which is the source
of drinking water for any person or public water system and which
has" for "which have" and inserted ", including possible methane
migration" after "such solid waste".
Subsec. (e)(2). Pub. L. 96-482, Sec. 20(6)-(8), substituted
appropriations authorization of $2,500,000; $1,500,000; and
$1,500,000 for fiscal years 1980, 1981, and 1982, for prior
authorization of $2,500,000 for fiscal years 1978 and 1979,
substituted provision for grants for "containment and stabilization
of solid waste located at the disposal sites referred to in
paragraph (1)" for such grants for "the conversion, improvement, or
consolidation of existing solid waste disposal facilities, or for
the construction of new solid waste disposal facilities, or for
both, within communities identified under paragraph (1)", and
prohibited grants to units of local government when site exceeds 65
acres in size.
Subsec. (e)(3). Pub. L. 96-482, Sec. 20(9), struck out par. (3)
which required that grants to States be made only when the projects
are consistent with applicable and approved State plan and will
assist in carrying out such plan.
Subsec. (f). Pub. L. 96-463, Sec. 5(b), added subsec. (f)
relating to assistance to States for discretionary program for
recycled oil.
Pub. L. 96-482, Sec. 32(e)(3), added subsec. (f) relating to
assistance to municipalities for energy and materials conservation
and recovery planning activities.


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-FOOTNOTE-
(!1) See References in Text note below.



(!2) So in original. Probably should be "through".

(!3) So in original. Probably should be followed by a comma.

(!4) See References in Text note below.

(!5) See References in Text note below.


-End-



-CITE-
42 USC Sec. 6949 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-
Sec. 6949. Rural communities assistance

-STATUTE-
(a) In general
The Administrator shall make grants to States to provide
assistance to municipalities with a population of five thousand or
less, or counties with a population of ten thousand or less or less
than twenty persons per square mile and not within a metropolitan
area, for solid waste management facilities (including equipment)
necessary to meet the requirements of section 6945 of this title or
restrictions on open burning or other requirements arising under
the Clean Air Act [42 U.S.C. 7401 et seq.] or the Federal Water
Pollution Control Act [33 U.S.C. 1251 et seq.]. Such assistance
shall only be available -
(1) to any municipality or county which could not feasibly be
included in a solid waste management system or facility serving
an urbanized, multijurisdictional area because of its distance
from such systems;
(2) where existing or planned solid waste management services
or facilities are unavailable or insufficient to comply with the
requirements of section 6945 of this title; and
(3) for systems which are certified by the State to be
consistent with any plans or programs established under any State
or areawide planning process.
(b) Allotment
The Administrator shall allot the sums appropriated to carry out
this section in any fiscal year among the States in accordance with
regulations promulgated by him on the basis of the average of the
ratio which the population of rural areas of each State bears to
the total population of rural areas of all the States, the ratio
which the population of counties in each State having less than
twenty persons per square mile bears to the total population of
such counties in all the States, and the ratio which the population
of such low-density counties in each State having 33 per centum or
more of all families with incomes not in excess of 125 per centum
of the poverty level bears to the total population of such counties
in all the States.
(c) Limit
The amount of any grant under this section shall not exceed 75
per centum of the costs of the project. No assistance under this
section shall be available for the acquisition of land or interests
in land.
(d) Authorization of appropriations
There are authorized to be appropriated $25,000,000 for each of
the fiscal years 1978 and 1979 to carry out this section. There are
authorized to be appropriated $10,000,000 for the fiscal year 1980
and $15,000,000 for each of the fiscal years 1981 and 1982 to carry
out this section.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 4009, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2819; amended Pub. L. 96-482, Sec.
31(e), Oct. 21, 1980, 94 Stat. 2353.)

-REFTEXT-
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (a), 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 Water Pollution Control Act, referred to in subsec.
(a), 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.


-MISC1-
AMENDMENTS
1980 - Subsec. (d). Pub. L. 96-482 authorized appropriation of
$10,000,000, $15,000,000, and $15,000,000 for fiscal years 1980,
1981, 1982, respectively.


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6949a 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-
Sec. 6949a. Adequacy of certain guidelines and criteria

-STATUTE-
(a) Study
The Administrator shall conduct a study of the extent to which
the guidelines and criteria under this chapter (other than
guidelines and criteria for facilities to which subchapter III of
this chapter applies) which are applicable to solid waste
management and disposal facilities, including, but not limited to
landfills and surface impoundments, are adequate to protect human
health and the environment from ground water contamination. Such
study shall include a detailed assessment of the degree to which
the criteria under section 6907(a) of this title and the criteria
under section 6944 of this title regarding monitoring, prevention
of contamination, and remedial action are adequate to protect
ground water and shall also include recommendation with respect to
any additional enforcement authorities which the Administrator, in
consultation with the Attorney General, deems necessary for such
purposes.
(b) Report
Not later than thirty-six months after November 8, 1984, the
Administrator shall submit a report to the Congress setting forth
the results of the study required under this section, together with
any recommendations made by the Administrator on the basis of such
study.
(c) Revisions of guidelines and criteria
(1) In general
Not later than March 31, 1988, the Administrator shall
promulgate revisions of the criteria promulgated under paragraph
(1) of section 6944(a) of this title and under section 6907(a)(3)
of this title for facilities that may receive hazardous household
wastes or hazardous wastes from small quantity generators under
section 6921(d) of this title. The criteria shall be those
necessary to protect human health and the environment and may
take into account the practicable capability of such facilities.
At a minimum such revisions for facilities potentially receiving
such wastes should require ground water monitoring as necessary
to detect contamination, establish criteria for the acceptable
location of new or existing facilities, and provide for
corrective action as appropriate.
(2) Additional revisions
Subject to paragraph (3), the requirements of the criteria
described in paragraph (1) relating to ground water monitoring
shall not apply to an owner or operator of a new municipal solid
waste landfill unit, an existing municipal solid waste landfill
unit, or a lateral expansion of a municipal solid waste landfill
unit, that disposes of less than 20 tons of municipal solid waste
daily, based on an annual average, if -
(A) there is no evidence of ground water contamination from
the municipal solid waste landfill unit or expansion; and
(B) the municipal solid waste landfill unit or expansion
serves -
(i) a community that experiences an annual interruption of
at least 3 consecutive months of surface transportation that
prevents access to a regional waste management facility; or
(ii) a community that has no practicable waste management
alternative and the landfill unit is located in an area that
annually receives less than or equal to 25 inches of
precipitation.
(3) Protection of ground water resources
(A) Monitoring requirement
A State may require ground water monitoring of a solid waste
landfill unit that would otherwise be exempt under paragraph
(2) if necessary to protect ground water resources and ensure
compliance with a State ground water protection plan, where
applicable.
(B) Methods
If a State requires ground water monitoring of a solid waste
landfill unit under subparagraph (A), the State may allow the
use of a method other than the use of ground water monitoring
wells to detect a release of contamination from the unit.
(C) Corrective action
If a State finds a release from a solid waste landfill unit,
the State shall require corrective action as appropriate.
(4) No-migration exemption
(A) In general
Ground water monitoring requirements may be suspended by the
Director of an approved State for a landfill operator if the
operator demonstrates that there is no potential for migration
of hazardous constituents from the unit to the uppermost
aquifer during the active life of the unit and the post-closure
care period.
(B) Certification
A demonstration under subparagraph (A) shall be certified by
a qualified ground-water scientist and approved by the Director
of an approved State.
(C) Guidance
Not later than 6 months after March 26, 1996, the
Administrator shall issue a guidance document to facilitate
small community use of the no migration (!1) exemption under
this paragraph.

(5) Alaska Native villages
Upon certification by the Governor of the State of Alaska that
application of the requirements described in paragraph (1) to a
solid waste landfill unit of a Native village (as defined in
section 1602 of title 43) or unit that is located in or near a
small, remote Alaska village would be infeasible, or would not be
cost-effective, or is otherwise inappropriate because of the
remote location of the unit, the State may exempt the unit from
some or all of those requirements. This paragraph shall apply
only to solid waste landfill units that dispose of less than 20
tons of municipal solid waste daily, based on an annual average.
(6) Further revisions of guidelines and criteria
Recognizing the unique circumstances of small communities, the
Administrator shall, not later than two years after March 26,
1996, promulgate revisions to the guidelines and criteria
promulgated under this subchapter to provide additional
flexibility to approved States to allow landfills that receive 20
tons or less of municipal solid waste per day, based on an annual
average, to use alternative frequencies of daily cover
application, frequencies of methane gas monitoring, infiltration
layers for final cover, and means for demonstrating financial
assurance: Provided, That such alternative requirements take into
account climatic and hydrogeologic conditions and are protective
of human health and environment.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 4010, as added Pub. L. 98-616,
title III, Sec. 302(a)(1), Nov. 8, 1984, 98 Stat. 3267; amended
Pub. L. 104-119, Sec. 3(a), Mar. 26, 1996, 110 Stat. 831.)


-MISC1-
AMENDMENTS
1996 - Subsec. (c). Pub. L. 104-119 designated existing
provisions as par. (1), inserted heading, and added pars. (2) to
(6).

REINSTATEMENT OF REGULATORY EXEMPTION
Section 3(b) of Pub. L. 104-119 provided that: "It is the intent
of section 4010(c)(2) of the Solid Waste Disposal Act [42 U.S.C.
6949a(c)(2)], as added by subsection (a), to immediately reinstate
subpart E of part 258 of title 40, Code of Federal Regulations, as
added by the final rule published at 56 Federal Register 50798 on
October 9, 1991."

-FOOTNOTE-
(!1) So in original. Probably should be "no-migration".


-End-


-CITE-
42 USC SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN
RESOURCE AND RECOVERY 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND
RECOVERY

-HEAD-
SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND
RECOVERY

-End-



-CITE-
42 USC Sec. 6951 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND
RECOVERY

-HEAD-
Sec. 6951. Functions

-STATUTE-
The Secretary of Commerce shall encourage greater
commercialization of proven resource recovery technology by
providing -
(1) accurate specifications for recovered materials;
(2) stimulation of development of markets for recovered
materials;
(3) promotion of proven technology; and
(4) a forum for the exchange of technical and economic data
relating to resource recovery facilities.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 5001, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2820.)

-End-



-CITE-
42 USC Sec. 6952 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND
RECOVERY

-HEAD-
Sec. 6952. Development of specifications for secondary materials

-STATUTE-
The Secretary of Commerce, acting through the National Institute
of Standards and Technology, and in conjunction with national
standards-setting organizations in resource recovery, shall, after
public hearings, and not later than two years after September 1,
1979, publish guidelines for the development of specifications for
the classification of materials recovered from waste which were
destined for disposal. The specifications shall pertain to the
physical and chemical properties and characteristics of such
materials with regard to their use in replacing virgin materials in
various industrial, commercial, and governmental uses. In
establishing such guidelines the Secretary shall also, to the
extent feasible, provide such information as may be necessary to
assist Federal agencies with procurement of items containing
recovered materials. The Secretary shall continue to cooperate with
national standards-setting organizations, as may be necessary, to
encourage the publication, promulgation and updating of standards
for recovered materials and for the use of recovered materials in
various industrial, commercial, and governmental uses.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 5002, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2820; amended Pub. L. 96-482, Sec.
21(a), Oct. 21, 1980, 94 Stat. 2346; Pub. L. 100-418, title V, Sec.
5115(c), Aug. 23, 1988, 102 Stat. 1433.)


-MISC1-
AMENDMENTS
1988 - Pub. L. 100-418 substituted "National Institute of
Standards and Technology" for "National Bureau of Standards".
1980 - Pub. L. 96-482 substituted "September 1, 1979" for
"October 21, 1976".

-End-



-CITE-
42 USC Sec. 6953 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND
RECOVERY

-HEAD-
Sec. 6953. Development of markets for recovered materials

-STATUTE-
The Secretary of Commerce shall within two years after September
1, 1979, take such actions as may be necessary to -
(1) identify the geographical location of existing or potential
markets for recovered materials;
(2) identify the economic and technical barriers to the use of
recovered materials; and
(3) encourage the development of new uses for recovered
materials.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 5003, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2821; amended Pub. L. 96-482, Sec.
21(b), Oct. 21, 1980, 94 Stat. 2346.)


-MISC1-
AMENDMENTS
1980 - Pub. L. 96-482 substituted "September 1, 1979" for
"October 21, 1976".

-End-



-CITE-
42 USC Sec. 6954 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND
RECOVERY

-HEAD-
Sec. 6954. Technology promotion

-STATUTE-
The Secretary of Commerce is authorized to evaluate the
commercial feasibility of resource recovery facilities and to
publish the results of such evaluation, and to develop a data base
for purposes of assisting persons in choosing such a system.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 5004, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2821.)

-End-



-CITE-
42 USC Sec. 6955 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND
RECOVERY

-HEAD-
Sec. 6955. Marketing policies, establishment; nondiscrimination
requirement

-STATUTE-
In establishing any policies which may affect the development of
new markets for recovered materials and in making any determination
concerning whether or not to impose monitoring or other controls on
any marketing or transfer of recovered materials, the Secretary of
Commerce may consider whether to establish the same or similar
policies or impose the same or similar monitoring or other controls
on virgin materials.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 5005, as added Pub. L. 96-482, Sec.
21(c)(1), Oct. 21, 1980, 94 Stat. 2346.)

-End-



-CITE-
42 USC Sec. 6956 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND
RECOVERY

-HEAD-
Sec. 6956. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated to the Secretary of
Commerce $5,000,000 for each of fiscal years 1980, 1981, and 1982
and $1,500,000 for each of the fiscal years 1985 through 1988 to
carry out the purposes of this subchapter.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 5006, as added Pub. L. 96-482, Sec.
31(f)(1), Oct. 21, 1980, 94 Stat. 2353; amended Pub. L. 98-616,
Sec. 2(h), Nov. 8, 1984, 98 Stat. 3223.)


-MISC1-
AMENDMENTS
1984 - Pub. L. 98-616 authorized appropriation of $1,500,000 for
each of fiscal years 1985 through 1988.

-End-


-CITE-
42 USC SUBCHAPTER VI - FEDERAL RESPONSIBILITIES 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-
SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-End-



-CITE-
42 USC Sec. 6961 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-
Sec. 6961. Application of Federal, State, and local law to Federal
facilities

-STATUTE-
(a) In general
Each department, agency, and instrumentality of the executive,
legislative, and judicial branches of the Federal Government (1)
having jurisdiction over any solid waste management facility or
disposal site, or (2) engaged in any activity resulting, or which
may result, in the disposal or management of solid waste or
hazardous waste shall be subject to, and comply with, all Federal,
State, interstate, and local requirements, both substantive and
procedural (including any requirement for permits or reporting or
any provisions for injunctive relief and such sanctions as may be
imposed by a court to enforce such relief), respecting control and
abatement of solid waste or hazardous waste disposal and management
in the same manner, and to the same extent, as any person is
subject to such requirements, including the payment of reasonable
service charges. The Federal, State, interstate, and local
substantive and procedural requirements referred to in this
subsection include, but are not limited to, all administrative
orders and all civil and administrative penalties and fines,
regardless of whether such penalties or fines are punitive or
coercive in nature or are imposed for isolated, intermittent, or
continuing violations. The United States hereby expressly waives
any immunity otherwise applicable to the United States with respect
to any such substantive or procedural requirement (including, but
not limited to, any injunctive relief, administrative order or
civil or administrative penalty or fine referred to in the
preceding sentence, or reasonable service charge). The reasonable
service charges referred to in this subsection include, but are not
limited to, fees or charges assessed in connection with the
processing and issuance of permits, renewal of permits, amendments
to permits, review of plans, studies, and other documents, and
inspection and monitoring of facilities, as well as any other
nondiscriminatory charges that are assessed in connection with a
Federal, State, interstate, or local solid waste or hazardous waste
regulatory program. Neither the United States, nor any agent,
employee, or officer thereof, shall be immune or exempt from any
process or sanction of any State or Federal Court with respect to
the enforcement of any such injunctive relief. No agent, employee,
or officer of the United States shall be personally liable for any
civil penalty under any Federal, State, interstate, or local solid
or hazardous waste law with respect to any act or omission within
the scope of the official duties of the agent, employee, or
officer. An agent, employee, or officer of the United States shall
be subject to any criminal sanction (including, but not limited to,
any fine or imprisonment) under any Federal or State solid or
hazardous waste law, but no department, agency, or instrumentality
of the executive, legislative, or judicial branch of the Federal
Government shall be subject to any such sanction. The President may
exempt any solid waste management facility of any department,
agency, or instrumentality in the executive branch from compliance
with such a requirement if he determines it to be in the paramount
interest of the United States to do so. No such exemption shall be
granted due to lack of appropriation unless the President shall
have specifically requested such appropriation as a part of the
budgetary process and the Congress shall have failed to make
available such requested appropriation. Any exemption shall be for
a period not in excess of one year, but additional exemptions may
be granted for periods not to exceed one year upon the President's
making a new determination. The President shall report each January
to the Congress all exemptions from the requirements of this
section granted during the preceding calendar year, together with
his reason for granting each such exemption.
(b) Administrative enforcement actions
(1) The Administrator may commence an administrative enforcement
action against any department, agency, or instrumentality of the
executive, legislative, or judicial branch of the Federal
Government pursuant to the enforcement authorities contained in
this chapter. The Administrator shall initiate an administrative
enforcement action against such a department, agency, or
instrumentality in the same manner and under the same circumstances
as an action would be initiated against another person. Any
voluntary resolution or settlement of such an action shall be set
forth in a consent order.
(2) No administrative order issued to such a department, agency,
or instrumentality shall become final until such department,
agency, or instrumentality has had the opportunity to confer with
the Administrator.
(c) Limitation on State use of funds collected from Federal
Government
Unless a State law in effect on October 6, 1992, or a State
constitution requires the funds to be used in a different manner,
all funds collected by a State from the Federal Government from
penalties and fines imposed for violation of any substantive or
procedural requirement referred to in subsection (a) of this
section shall be used by the State only for projects designed to
improve or protect the environment or to defray the costs of
environmental protection or enforcement.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 6001, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2821; amended Pub. L. 95-609, Sec. 7(m),
Nov. 8, 1978, 92 Stat. 3082; Pub. L. 102-386, title I, Sec. 102(a),
(b), Oct. 6, 1992, 106 Stat. 1505, 1506.)


-MISC1-
AMENDMENTS
1992 - Pub. L. 102-386 designated existing provisions as subsec.
(a), inserted heading, inserted in first sentence "and management"
before "in the same manner", inserted second to fourth, sixth, and
seventh sentences specifying Federal, State, interstate, and local
substantive and procedural requirements, waiving sovereign
immunity, determining reasonable service charges, and providing no
agent, employee, or officer of the United States be personally
liable for a civil penalty for an act or omission within the scope
of official duties but be subject to criminal sanction, with no
department, agency, or instrumentality of the executive,
legislative, or judicial branch subject to such sanction, and added
subsecs. (b) and (c).
1978 - Pub. L. 95-609 inserted "or management" after "disposal"
in cl. (2).

EFFECTIVE DATE OF 1992 AMENDMENT
Section 102(c) of Pub. L. 102-386 provided that:
"(1) In general. - Except as otherwise provided in paragraphs (2)
and (3), the amendments made by subsection (a) [amending this
section] shall take effect upon the date of the enactment of this
Act [Oct. 6, 1992].
"(2) Delayed effective date for certain mixed waste. - Until the
date that is 3 years after the date of the enactment of this Act,
the waiver of sovereign immunity contained in section 6001(a) of
the Solid Waste Disposal Act [subsec. (a) of this section] with
respect to civil, criminal, and administrative penalties and fines
(as added by the amendments made by subsection (a)) shall not apply
to departments, agencies, and instrumentalities of the executive
branch of the Federal Government for violations of section 3004(j)
of the Solid Waste Disposal Act [42 U.S.C. 6924(j)] involving
storage of mixed waste that is not subject to an existing
agreement, permit, or administrative or judicial order, so long as
such waste is managed in compliance with all other applicable
requirements.
"(3) Effective date for certain mixed waste. - (A) Except as
provided in subparagraph (B), after the date that is 3 years after
the date of the enactment of this Act, the waiver of sovereign
immunity contained in section 6001(a) of the Solid Waste Disposal
Act with respect to civil, criminal, and administrative penalties
and fines (as added by the amendments made by subsection (a)) shall
apply to departments, agencies, and instrumentalities of the
executive branch of the Federal Government for violations of
section 3004(j) of the Solid Waste Disposal Act involving storage
of mixed waste.
"(B) With respect to the Department of Energy, the waiver of
sovereign immunity referred to in subparagraph (A) shall not apply
after the date that is 3 years after the date of the enactment of
this Act for violations of section 3004(j) of such Act involving
storage of mixed waste, so long as the Department of Energy is in
compliance with both -
"(i) a plan that has been submitted and approved pursuant to
section 3021(b) of the Solid Waste Disposal Act [42 U.S.C.
6939c(b)] and which is in effect; and
"(ii) an order requiring compliance with such plan which has
been issued pursuant to such section 3021(b) and which is in
effect.
"(4) Application of waiver to agreements and orders. - The waiver
of sovereign immunity contained in section 6001(a) of the Solid
Waste Disposal Act (as added by the amendments made by subsection
(a)) shall take effect on the date of the enactment of this Act
with respect to any agreement, permit, or administrative or
judicial order existing on such date of enactment (and any
subsequent modifications to such an agreement, permit, or order),
including, without limitation, any provision of an agreement,
permit, or order that addresses compliance with section 3004(j) of
such Act with respect to mixed waste.
"(5) Agreement or order. - Except as provided in paragraph (4),
nothing in this Act [see Short Title of 1992 Amendment note set out
under section 6901 of this title] shall be construed to alter,
modify, or change in any manner any agreement, permit, or
administrative or judicial order, including, without limitation,
any provision of an agreement, permit, or order -
"(i) that addresses compliance with section 3004(j) of the
Solid Waste Disposal Act with respect to mixed waste;
"(ii) that is in effect on the date of enactment of this Act;
and
"(iii) to which a department, agency, or instrumentality of the
executive branch of the Federal Government is a party."

TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(a) of this section requiring the President to report annually 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 8th item on page 20 of House Document No. 103-7.


-EXEC-
EXECUTIVE ORDER NO. 12780
Ex. Ord. No. 12780, Oct. 31, 1991, 56 F.R. 56289, which required
Federal agencies to promote cost-effective waste reduction and
recycling of reusable materials and established a Council on
Federal Recycling and Procurement Policy, was revoked by Ex. Ord.
No. 12873, Sec. 901, Oct. 20, 1993, 58 F.R. 54911, formerly set out
below.

EXECUTIVE ORDER NO. 12873
Ex. Ord. No. 12873, Oct. 20, 1993, 58 F.R. 54911, as amended by
Ex. Ord. No. 12995, Mar. 25, 1996, 61 F.R. 13645, which directed
Executive agencies to incorporate waste prevention and recycling in
daily operations and work and to acquire and use environmentally
preferable products and services and which created a Federal
Environmental Executive and established high-level Environmental
Executive positions within each agency, was revoked by Ex. Ord. No.
13101, Sec. 901, Sept. 14, 1998, 63 F.R. 49651, set out below.

EX. ORD. NO. 13101. GREENING THE GOVERNMENT THROUGH WASTE
PREVENTION, RECYCLING, AND FEDERAL ACQUISITION
Ex. Ord. No. 13101, Sept. 14, 1998, 63 F.R. 49643, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the Solid
Waste Disposal Act, Public Law 89-272, 79 Stat. 997, as amended by
the Resource Conservation and Recovery Act (RCRA), Public Law 94-
580, 90 Stat. 2795, as amended (42 U.S.C. 6901-6907), section 301
of title 3, United States Code, and in order to improve the Federal
Government's use of recycled products and environmentally
preferable products and services, it is hereby ordered as follows:


-MISC2-
PART 1 - PREAMBLE
Section 101. Consistent with the demands of efficiency and cost
effectiveness, the head of each executive agency shall incorporate
waste prevention and recycling in the agency's daily operations and
work to increase and expand markets for recovered materials through
greater Federal Government preference and demand for such products.
It is the national policy to prefer pollution prevention, whenever
feasible. Pollution that cannot be prevented should be recycled;
pollution that cannot be prevented or recycled should be treated in
an environmentally safe manner. Disposal should be employed only as
a last resort.
Sec. 102. Consistent with policies established by the Office of
Federal Procurement Policy (OFPP) Policy Letter 92-4, agencies
shall comply with executive branch policies for the acquisition and
use of environmentally preferable products and services and
implement cost-effective procurement preference programs favoring
the purchase of these products and services.
Sec. 103. This order creates a Steering Committee, a Federal
Environmental Executive (FEE), and a Task Force, and establishes
Agency Environmental Executive (AEE) positions within each agency,
to be responsible for ensuring the implementation of this order.
The FEE, AEEs, and members of the Steering Committee and Task Force
shall be full-time Federal Government employees.

PART 2 - DEFINITIONS
For purposes of this order:
Sec. 201. "Environmentally preferable" means products or services
that have a lesser or reduced effect on human health and the
environment when compared with competing products or services that
serve the same purpose. This comparison may consider raw materials
acquisition, production, manufacturing, packaging, distribution,
reuse, operation, maintenance, or disposal of the product or
service.
Sec. 202. "Executive agency" or "agency" means an executive
agency as defined in 5 U.S.C. 105. For the purpose of this order,
military departments, as defined in 5 U.S.C. 102, are covered under
the auspices of the Department of Defense.
Sec. 203. "Postconsumer material" means a material or finished
product that has served its intended use and has been discarded for
disposal or recovery, having completed its life as a consumer item.
"Postconsumer material" is a part of the broader category of
"recovered material."
Sec. 204. "Acquisition" means the acquiring by contract with
appropriated funds for supplies or services (including
construction) by and for the use of the Federal Government through
purchase or lease, whether the supplies or services are already in
existence or must be created, developed, demonstrated, and
evaluated. Acquisition begins at the point when agency needs are
established and includes the description of requirements to satisfy
agency needs, solicitation and selection of sources, award of
contracts, contract financing, contract performance, contract
administration, and those technical and management functions
directly related to the process of fulfilling agency needs by
contract.
Sec. 205. "Recovered materials" means waste materials and by-
products that have been recovered or diverted from solid waste,
but such term does not include those materials and by-products
generated from, and commonly reused within, an original
manufacturing process (42 U.S.C. 6903(19)).
Sec. 206. "Recyclability" means the ability of a product or
material to be recovered from, or otherwise diverted from, the
solid waste stream for the purpose of recycling.
Sec. 207. "Recycling" means the series of activities, including
collection, separation, and processing, by which products or other
materials are recovered from the solid waste stream for use in the
form of raw materials in the manufacture of new products other than
fuel for producing heat or power by combustion.
Sec. 208. "Waste prevention" means any change in the design,
manufacturing, purchase, or use of materials or products (including
packaging) to reduce their amount or toxicity before they are
discarded. Waste prevention also refers to the reuse of products or
materials.
Sec. 209. "Waste reduction" means preventing or decreasing the
amount of waste being generated through waste prevention,
recycling, or purchasing recycled and environmentally preferable
products.
Sec. 210. "Life cycle cost" means the amortized annual cost of a
product, including capital costs, installation costs, operating
costs, maintenance costs, and disposal costs discounted over the
lifetime of the product.
Sec. 211. "Life cycle assessment" means the comprehensive
examination of a product's environmental and economic aspects and
potential impacts throughout its lifetime, including raw material
extraction, transportation, manufacturing, use, and disposal.
Sec. 212. "Pollution prevention" means "source reduction" as
defined in the Pollution Prevention Act of 1990 (42 U.S.C. 13102),
and other practices that reduce or eliminate the creation of
pollutants through: (a) increased efficiency in the use of raw
materials, energy, water, or other resources; or (b) protection of
natural resources by conservation.
Sec. 213. "Biobased product" means a commercial or industrial
product (other than food or feed) that utilizes biological products
or renewable domestic agricultural (plant, animal, and marine) or
forestry materials.
Sec. 214. "Major procuring agencies" shall include any executive
agency that procures over $50 million per year of goods and
services.

PART 3 - THE ROLES AND DUTIES OF THE STEERING COMMITTEE, FEDERAL
ENVIRONMENTAL EXECUTIVE, TASK FORCE, AND AGENCY ENVIRONMENTAL
EXECUTIVES
Sec. 301. Committees, Executives, and Task Force. (a) Steering
Committee. There is hereby established a Steering Committee on
Greening the Government through Waste Prevention and Recycling
("Steering Committee"). The Steering Committee shall be composed of
the Chair of the Council on Environmental Quality (CEQ), the
Federal Environmental Executive (FEE), and the Administrator for
Federal Procurement Policy (OFPP). The Steering Committee, which
shall be chaired by the Chair of the CEQ, is directed to charter a
Task Force to facilitate implementation of this order, and shall
provide the Task Force with policy direction in such
implementation.
(b) Federal Environmental Executive. A Federal Environmental
Executive, Environmental Protection Agency, shall be designated by
the President. The FEE shall chair the Task Force described in
subsection (c), take all actions necessary to ensure that the
agencies comply with the requirements of this order, and generate a
biennial report to the President.
(c) Task Force. The Steering Committee shall charter a Task Force
on Greening the Government through Waste Prevention and Recycling
("Task Force"), which shall be chaired by the FEE and composed of
staff from the major procuring agencies. The Steering Committee, in
consultation with the agencies, shall determine the necessary
staffing and resources for the Task Force. The major procuring
agencies shall provide, to the extent practicable and permitted by
law, resources and support to the Task Force and the FEE, upon
request from the Steering Committee. The Task Force shall have the
duty of assisting the FEE and the agencies in implementing this
order, subject to policy direction provided by the Steering
Committee. The Task Force shall report through the FEE to the Chair
of the Steering Committee.
(d) Agency Environmental Executives (AEEs). Within 90 days after
the date of this order, the head of each major procuring agency
shall designate an AEE from among his or her staff, who serves at a
level no lower than the Assistant Secretary level or equivalent,
and shall notify the Chair of CEQ and the FEE of such designation.
Sec. 302. Duties. (a) The Federal Environmental Executive. The
FEE, working through the Task Force, and in consultation with the
AEEs, shall:
(1) Develop a Government-wide Waste Prevention and Recycling
Strategic Plan ("Strategic Plan") to further implement this order.
The Strategic Plan should be initially developed within 180 days of
the date of this order and revised as necessary thereafter. The
Strategic Plan should include, but is not limited to, the following
elements:
(a) direction and initiatives for acquisition of recycled and
recyclable products and environmentally preferable products and
services;
(b) development of affirmative procurement programs;
(c) review and revision of standards and product specifications;
(d) assessment and evaluation of compliance;
(e) reporting requirements;
(f) outreach programs to promote adoption of practices endorsed
in this order; and
(g) development and implementation of new technologies that are
of environmental significance.
(2) Prepare a biennial report to the President on the actions
taken by the agencies to comply with this order. The report also
may incorporate information from existing agency reports regarding
Government-wide progress in implementing the following Executive
Orders: 12843, Procurement Requirements and Policies for Federal
Agencies for Ozone Depleting Substances [former 42 U.S.C. 7671l
note]; 13031, Federal Alternative Fueled Vehicle Leadership [former
42 U.S.C. 13212 note]; 12845, Requiring Agencies to Purchase Energy
Efficient Computer Equipment [42 U.S.C. 8262g note]; 12856, Federal
Compliance with Right-to-Know Laws and Pollution Prevention
Requirements [former 42 U.S.C. 11001 note]; 12902, Energy
Efficiency and Water Conservation at Federal Facilities [42 U.S.C.
6201 note]; and 12969, Federal Acquisition and Community Right-to-
Know [former 41 U.S.C. 401 note].
(3) In coordination with the Office of Federal Procurement
Policy, the Environmental Protection Agency (EPA), the General
Services Administration (GSA), and the Department of Agriculture
(USDA), convene a group of acquisition/procurement managers and
environmental State, and local government managers to work with
State and local governments to improve the Federal, State, and
local governments' use of recycled products and environmentally
preferable products and services.
(4) Coordinate appropriate Government-wide education and training
programs for agencies.
(5) Establish committees and work groups, as needed, to identify,
assess, and recommend actions to be taken to fulfill the goals,
responsibilities, and initiatives of the FEE. As these committees
and work groups are created, agencies are requested to designate
appropriate personnel in the areas of procurement and acquisition,
standards and specifications, electronic commerce, facilities
management, pollution prevention, waste prevention, recycling, and
others as needed to staff and work on these initiatives. An initial
group shall be established to develop recommendations for tracking
and reporting requirements, taking into account the costs and
benefits of such tracking and reporting. The Steering Committee
shall consult with the AEEs before approving these recommendations.
(b) Agency Environmental Executives. The AEEs shall:
(1) translate the Government-wide Strategic Plan into specific
agency and service plans;
(2) implement the specific agency and service plans;
(3) report to the FEE on the progress of plan implementation;
(4) work with the FEE and the Task Force in furthering
implementation of this order; and
(5) track agencies' purchases of EPA-designated guideline items
and report agencies' purchases of such guideline items to the FEE
per the recommendations developed in subsection 302(a)(5) of this
order. Agency acquisition and procurement personnel shall justify
in writing to the file and to the AEE the rationale for not
purchasing such items, above the micropurchase threshold (as set
out in the Office of Federal Procurement Policy Act at 41 U.S.C.
428), and submit a plan and timetable for increasing agency
purchases of the designated item(s).
(6) one year after a product is placed on the USDA Biobased
Products List, estimate agencies' purchases of products on the list
and report agencies' estimated purchases of such products to the
Secretary of Agriculture.

PART 4 - ACQUISITION PLANNING, AFFIRMATIVE PROCUREMENT PROGRAMS,
AND FEDERAL FACILITY COMPLIANCE
Sec. 401. Acquisition Planning. In developing plans, drawings,
work statements, specifications, or other product descriptions,
agencies shall consider, as appropriate, a broad range of factors
including: elimination of virgin material requirements; use of
biobased products; use of recovered materials; reuse of product;
life cycle cost; recyclability; use of environmentally preferable
products; waste prevention (including toxicity reduction or
elimination); and ultimate disposal. These factors should be
considered in acquisition planning for all procurement and in the
evaluation and award of contracts, as appropriate. Program and
acquisition managers should take an active role in these
activities.
Sec. 402. Affirmative Procurement Programs. (a) The head of each
executive agency shall develop and implement affirmative
procurement programs in accordance with section 6002 of RCRA (42
U.S.C. 6962) and this order and consider use of the procurement
tools and methods described in [former] 7 U.S.C. 5909. Agencies
shall ensure that responsibilities for preparation, implementation,
and monitoring of affirmative procurement programs are shared
between the program personnel and acquisition and procurement
personnel. For the purposes of all purchases made pursuant to this
order, EPA, in consultation with such other executive agencies as
appropriate, shall endeavor to maximize environmental benefits,
consistent with price, performance, and availability
considerations, and constraints imposed by law, and shall adjust
solicitation guidelines as necessary in order to accomplish this
goal.
(b) Agencies shall establish affirmative procurement programs for
all EPA-designated guideline items purchased by their agency. For
newly designated items, agencies shall revise their internal
programs within 1 year from the date the EPA designated the new
items.
(c) Exclusive of the biobased products described in section 504,
for the EPA-designated guideline items, which are contained in 40
CFR part 247, and for all future designated guideline items,
agencies shall ensure that their affirmative procurement programs
require 100 percent of their purchases of products to meet or
exceed the EPA guideline unless written justification is provided
that a product is not available competitively within a reasonable
time frame, does not meet appropriate performance standards, or is
only available at an unreasonable price. Written justification is
not required for purchases below the micropurchase threshold. For
micropurchases, agencies shall provide guidance regarding purchase
of EPA-designated guideline items. This guidance should encourage
consideration of aggregating purchases when this method would
promote economy and efficiency.
(d) Within 90 days after the date of this order, the head of each
executive agency that has not implemented an affirmative
procurement program shall ensure that the affirmative procurement
program has been established and is being implemented to the
maximum extent practicable.
Sec. 403. Federal Facility Compliance. (a) Within 6 months of the
date of this order, the Administrator of the EPA shall, in
consultation with the Federal Environmental Executive, prepare
guidance for use in determining Federal facility compliance with
section 6002 of RCRA [42 U.S.C. 6962] and the related requirements
of this order.
(b) EPA inspections of Federal facilities conducted pursuant to
RCRA and the Federal Facility Compliance Act [of 1992] [see Short
Title of 1992 Amendment note set out under section 6901 of this
title] and EPA "multi-media" inspections carried out at Federal
facilities will include, where appropriate, evaluation of facility
compliance with section 6002 of RCRA and any implementing guidance.
(c) Where inspections of Federal facilities are carried out by
authorized States pursuant to RCRA and the Federal Facility
Compliance Act, the Administrator of the EPA will encourage those
States to include evaluation of facility compliance with section
6002 of RCRA in light of EPA guidance prepared pursuant to
subsection (a), where appropriate, similar to inspections performed
by the EPA. The EPA may provide information and technical
assistance to the States to enable them to include such
considerations in their inspection.
(d) The EPA shall report annually to the Federal Environmental
Executive on the results of inspections performed by the EPA to
determine Federal facility compliance with section 6002 of RCRA not
later than February 1st for those inspections conducted during the
previous fiscal year.

PART 5 - STANDARDS, SPECIFICATIONS, AND DESIGNATION OF ITEMS
Sec. 501. Specifications, Product Descriptions, and Standards.
When developing, reviewing, or revising Federal and military
specifications, product descriptions (including commercial item
descriptions), and standards, executive agencies shall consider
recovered materials and any environmentally preferable purchasing
criteria developed by the EPA, and ensure the criteria are complied
with in developing or revising standards. Agencies shall report
annually to the FEE on their compliance with this section for
incorporation into the biennial report to the President referred to
in section 302(a)(2) of this order. (a) If an inconsistency with
section 6002 of RCRA [42 U.S.C. 6962] or this order is identified
in a specification, standard, or product description, the FEE shall
request that the Environmental Executive of the pertinent agency
advise the FEE as to why the specification cannot be revised or
submit a plan for revising it within 60 days.
(b) If an agency is able to revise an inconsistent specification
but cannot do so within 60 days, it is the responsibility of that
AEE to monitor and implement the plan for revising it.
Sec. 502. Designation of Items that Contain Recovered Materials.
In order to expedite the process of designating items that are or
can be made with recovered materials, the EPA shall use the
following process for designating these items in accordance with
section 6002(e) of RCRA. (a) The EPA shall designate items that are
or can be made with recovered material, by promulgating amendments
to the Comprehensive Procurement Guideline (CPG). The CPG shall be
updated every 2 years or as appropriate after an opportunity for
public comment.
(b) Concurrent with the issuance of the CPG, the EPA shall
publish for comment in the Federal Register Recovered Materials
Advisory Notices that present the range of recovered materials
content levels within which the designated items are currently
available. These levels shall be updated periodically, after
opportunity for public comment, to reflect changes in market
conditions.
(c) Once items containing recovered materials have been
designated by the EPA in the CPG, agencies shall modify their
affirmative procurement programs to require that, to the maximum
extent practicable, their purchases of products meet or exceed the
EPA guidelines unless written justification is provided that a
product is not available competitively, not available within a
reasonable time frame, does not meet appropriate performance
standards, or is only available at an unreasonable price.
Sec. 503. Guidance on Acquisition of Environmentally Preferable
Products and Services. (a) The EPA shall develop guidance within 90
days from the date of this order to address environmentally
preferable purchasing. The guidance may be based on the EPA's
September 1995 Proposed Guidance on the Acquisition of
Environmentally Preferable Products and Services and comments
received thereon. The guidance should be designed for Government-
wide use and targeted towards products and services that have the
most effect. The guidance may also address the issues of use of the
technical expertise of nongovernmental entities and tools such as
life cycle assessment in decisions on environmentally preferable
purchasing. The EPA shall update this guidance every 2 years, or as
appropriate.
(b) Agencies are encouraged to immediately test and evaluate the
principles and concepts contained in the EPA's Guidance on the
Acquisition of Environmentally Preferable Products and Services
through pilot projects to provide practical information to the EPA
for further updating of the guidance. Specifically:
(1) These pilot projects shall be focused around those product
and service categories, including printing, that have wide use
within the Federal Government. Priorities regarding which product
and service categories to pilot shall be developed by the
individual agencies and the EPA, in consultation with the OFPP, the
FEE, and the appropriate agency procurement executives. Any policy
disagreements shall be resolved by the Steering Committee.
(2) Agencies are encouraged to use all of the options available
to them to determine the environmentally preferable attributes of
products and services in their pilot and demonstration projects,
including the use of technical expertise of nongovernmental
entities such as labeling, certification, or standards-developing
organizations, as well as using the expertise of the National
Institute of Standards and Technology.
(3) Upon request and to the extent practicable, the EPA shall
assist executive agencies in designing, implementing, and
documenting the results of these pilot and demonstration projects.
(4) The EPA, in coordination with other executive agencies, shall
develop a database of information about these projects, including,
but not limited to, the number and status of pilot projects,
examples of agencies' policy directives, revisions to
specifications, solicitation procedures, and grant/contract
policies that facilitate adoption of environmentally preferable
purchasing practices, to be integrated on a commonly available
electronic medium (e.g., Internet Web site). These data are to be
reported to the FEE.
(c) Executive agencies shall use the principles and concepts in
the EPA Guidance on Acquisition of Environmentally Preferable
Products and Services, in addition to the lessons from the pilot
and demonstration projects, to the maximum extent practicable, in
identifying and purchasing environmentally preferable products and
services and shall modify their procurement programs as
appropriate.
Sec. 504. Designation of Biobased Items by the USDA. The USDA
Biobased Products Coordination Council shall, in consultation with
the FEE, issue a Biobased Products List. (a) The Biobased Products
List shall be published in the Federal Register by the USDA within
180 days after the date of this order and shall be updated
biannually after publication to include additional items.
(b) Once the Biobased Products List has been published, agencies
are encouraged to modify their affirmative procurement program to
give consideration to those products.
Sec. 505. Minimum Content Standard for Printing and Writing
Paper. Executive agency heads shall ensure that their agencies meet
or exceed the following minimum materials content standards when
purchasing or causing the purchase of printing and writing paper:
(a) For high speed copier paper, offset paper, forms bond, computer
printout paper, carbonless paper, file folders, white wove
envelopes, writing and office paper, book paper, cotton fiber
paper, and cover stock, the minimum content standard shall be no
less than 30 percent postconsumer materials beginning December 31,
1998. If paper containing 30 percent postconsumer material is not
reasonably available, does not meet reasonable performance
requirements, or is only available at an unreasonable price, then
the agency shall purchase paper containing no less than 20 percent
postconsumer material. The Steering Committee, in consultation with
the AEEs, may revise these levels if necessary.
(b) As an alternative to meeting the standards in sections [sic]
505(a), for all printing and writing papers, the minimum content
standard shall be no less than 50 percent recovered materials that
are a waste material byproduct of a finished product other than a
paper or textile product that would otherwise be disposed of in a
landfill, as determined by the State in which the facility is
located.
(c) Effective January 1, 1999, no executive branch agency shall
purchase, sell, or arrange for the purchase of, printing and
writing paper that fails to meet the minimum requirements of this
section.
Sec. 506. Revision of Brightness Specifications and Standards.
The GSA and other executive agencies are directed to identify,
evaluate, and revise or eliminate any standards or specifications
unrelated to performance that present barriers to the purchase of
paper or paper products made by production processes that minimize
emissions of harmful byproducts. This evaluation shall include a
review of unnecessary brightness and stock clause provisions, such
as lignin content and chemical pulp requirements. The GSA shall
complete the review and revision of such specifications within 6
months after the date of this order, and shall consult closely with
the Joint Committee on Printing during such process. The GSA shall
also compile any information or market studies that may be
necessary to accomplish the objectives of this provision.
Sec. 507. Procurement of Re-refined Lubricating Oil and Retread
Tires. (a) Agencies shall implement the EPA procurement guidelines
for re-refined lubricating oil and retread tires. Fleet and
commodity managers shall take immediate steps, as appropriate, to
procure these items in accordance with section 6002 of RCRA [42
U.S.C. 6962]. This provision does not preclude the acquisition of
biobased (e.g., vegetable) oils.
(b) The FEE shall work to educate executive agencies about the
new Department of Defense Cooperative Tire Qualification Program,
including the Cooperative Approval Tire List and Cooperative Plant
Qualification Program, as they apply to retread tires.

PART 6 - AGENCY GOALS AND REPORTING REQUIREMENTS
Sec. 601. Agency Goals. (a)(1) Each agency shall establish either
a goal for solid waste prevention and a goal for recycling or a
goal for solid waste diversion to be achieved by January 1, 2000.
Each agency shall further ensure that the established goals include
long-range goals to be achieved by the years 2005 and 2010. These
goals shall be submitted to the FEE within 180 days after the date
of this order. (2) In addition to white paper, mixed
paper/cardboard, aluminum, plastic, and glass, agencies should
incorporate into their recycling programs efforts to recycle,
reuse, or refurbish pallets and collect toner cartridges for
remanufacturing. Agencies should also include programs to reduce or
recycle, as appropriate, batteries, scrap metal, and fluorescent
lamps and ballasts.
(b) Agencies shall set goals to increase the procurement of
products that are made with recovered materials, in order to
maximize the number of recycled products purchased, relative to non-
recycled alternatives.
(c) Each agency shall set a goal for increasing the use of
environmentally preferable products and services for those products
and services for which the agency has completed a pilot program.
(d) Agencies are encouraged to incorporate into their Government
Performance [and] Results Act [of 1993] [see Short Title of 1993
Amendment note set out under section 1101 of Title 31, Money and
Finance] annual performance plans the goals listed in subsections
(a), (b), and (c) above, starting with the submittal to the Office
of Management and Budget of the plan accompanying the FY 2001
budget.
(e) Progress on attaining these goals should be reported by the
agencies to the FEE for the biennial report specified in section
302(a)(2) of this order.

PART 7 - APPLICABILITY AND OTHER REQUIREMENTS
Sec. 701. Contractor Applicability. Contracts that provide for
contractor operation of a Government-owned or -leased facility
and/or contracts that provide for contractor or other support
services at Government-owned or -operated facilities awarded by
executive agencies after the date of this order, shall include
provisions that obligate the contractor to comply with the
requirements of this order within the scope of its operations.
Sec. 702. Real Property Acquisition and Management. Within 90
days after the date of this order, and to the extent permitted by
law and where economically feasible, executive agencies shall
ensure compliance with the provisions of this order in the
acquisition and management of Federally owned and leased space. The
GSA and other executive agencies shall also include environmental
and recycling provisions in the acquisition and management of all
leased space and in the construction of new Federal buildings.
Sec. 703. Retention of Funds. (a) The Administrator of General
Services shall continue with the program that retains for the
agencies the proceeds from the sale of materials recovered through
recycling or waste prevention programs and specifying the
eligibility requirements for the materials being recycled.
(b) Agencies in non-GSA managed facilities, to the extent
permitted by law, should develop a plan to retain the proceeds from
the sale of materials recovered through recycling or waste
prevention programs.
Sec. 704. Model Facility Programs. Each executive agency shall
establish a model demonstration program incorporating some or all
of the following elements as appropriate. Agencies are encouraged
to demonstrate and test new and innovative approaches such as
incorporating environmentally preferable and bio-based products;
increasing the quantity and types of products containing recovered
materials; expanding collection programs; implementing source
reduction programs; composting organic materials when feasible; and
exploring public/private partnerships to develop markets for
recovered materials.
Sec. 705. Recycling Programs. (a)(1) Each executive agency that
has not already done so shall initiate a program to promote cost-
effective waste prevention and recycling of reusable materials in
all of its facilities. The recycling programs implemented pursuant
to this section must be compatible with applicable State and local
recycling requirements.
(2) Agencies shall designate a recycling coordinator for each
facility or installation. The recycling coordinator shall implement
or maintain waste prevention and recycling programs in the
agencies' action plans.
(b) Executive agencies shall also consider cooperative ventures
with State and local governments to promote recycling and waste
reduction in the community.
Sec. 706. Review of Implementation. The President's Council on
Integrity and Efficiency shall request that the Inspectors General
periodically review agencies' implementation of this order.

PART 8 - AWARENESS
Sec. 801. Training. (a) Within 180 days of the date of this
order, the FEE and OFPP should evaluate the training courses
provided by the Federal Acquisition Institute and the Defense
Acquisition University and recommend any appropriate curriculum
changes to ensure that procurement officials are aware of the
requirements of this order.
(b) Executive agencies shall provide training to program
management and requesting activities as needed to ensure awareness
of the requirements of this order.
Sec. 802. Internal Agency Awards Programs. Each agency shall
develop an internal agency-wide awards program, as appropriate, to
reward its most innovative environmental programs. Among others,
winners of agency-wide awards will be eligible for the White House
Awards Program.
Sec. 803. White House Awards Program. A Government-wide award
will be presented annually by the White House to the best, most
innovative programs implementing the objectives of this order to
give greater visibility to these efforts so that they can be
incorporated Government-wide. The White House Awards Program will
be administered jointly by the FEE and the CEQ.

PART 9 - REVOCATION, LIMITATION, AND IMPLEMENTATION
Sec. 901. Executive Order 12873 of October 20, 1993, is hereby
revoked.
Sec. 902. This order is intended only to improve the internal
management of the executive branch and is not intended to create
any right, benefit, or trust responsibility, substantive or
procedural, enforceable at law by a party against the United
States, its agencies, its officers, or any other person.
Sec. 903. The policies and direction expressed in the EPA
guidance to be developed pursuant to section 503 of this order
shall be implemented and incorporated in the Federal Acquisition
Regulation within 180 days after issuance of the guidance.
William J. Clinton.

-End-



-CITE-
42 USC Sec. 6962 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-
Sec. 6962. Federal procurement

-STATUTE-
(a) Application of section
Except as provided in subsection (b) of this section, a procuring
agency shall comply with the requirements set forth in this section
and any regulations issued under this section, with respect to any
purchase or acquisition of a procurement item where the purchase
price of the item exceeds $10,000 or where the quantity of such
items or of functionally equivalent items purchased or acquired in
the course of the preceding fiscal year was $10,000 or more.
(b) Procurement subject to other law
Any procurement, by any procuring agency, which is subject to
regulations of the Administrator under section 6964 of this title
(as promulgated before October 21, 1976, under comparable
provisions of prior law) shall not be subject to the requirements
of this section to the extent that such requirements are
inconsistent with such regulations.
(c) Requirements
(1) After the date specified in applicable guidelines prepared
pursuant to subsection (e) of this section, each procuring agency
which procures any items designated in such guidelines shall
procure such items composed of the highest percentage of recovered
materials practicable (and in the case of paper, the highest
percentage of the postconsumer recovered materials referred to in
subsection (h)(1) of this section practicable), consistent with
maintaining a satisfactory level of competition, considering such
guidelines. The decision not to procure such items shall be based
on a determination that such procurement items -
(A) are not reasonably available within a reasonable period of
time;
(B) fail to meet the performance standards set forth in the
applicable specifications or fail to meet the reasonable
performance standards of the procuring agencies; or
(C) are only available at an unreasonable price. Any
determination under subparagraph (B) shall be made on the basis
of the guidelines of the National Institute of Standards and
Technology in any case in which such material is covered by such
guidelines.

(2) Agencies that generate heat, mechanical, or electrical energy
from fossil fuel in systems that have the technical capability of
using energy or fuels derived from solid waste as a primary or
supplementary fuel shall use such capability to the maximum extent
practicable.
(3)(A) After the date specified in any applicable guidelines
prepared pursuant to subsection (e) of this section, contracting
officers shall require that vendors:
(i) certify that the percentage of recovered materials to be
used in the performance of the contract will be at least the
amount required by applicable specifications or other contractual
requirements and
(ii) estimate the percentage of the total material utilized for
the performance of the contract which is recovered materials.

(B) Clause (ii) of subparagraph (A) applies only to a contract in
an amount greater than $100,000.
(d) Specifications
All Federal agencies that have the responsibility for drafting or
reviewing specifications for procurement items procured by Federal
agencies shall -
(1) as expeditiously as possible but in any event no later than
eighteen months after November 8, 1984, eliminate from such
specifications -
(A) any exclusion of recovered materials and
(B) any requirement that items be manufactured from virgin
materials; and

(2) within one year after the date of publication of applicable
guidelines under subsection (e) of this section, or as otherwise
specified in such guidelines, assure that such specifications
require the use of recovered materials to the maximum extent
possible without jeopardizing the intended end use of the item.
(e) Guidelines
The Administrator, after consultation with the Administrator of
General Services, the Secretary of Commerce (acting through the
National Institute of Standards and Technology), and the Public
Printer, shall prepare, and from time to time revise, guidelines
for the use of procuring agencies in complying with the
requirements of this section. Such guidelines shall -
(1) designate those items which are or can be produced with
recovered materials and whose procurement by procuring agencies
will carry out the objectives of this section, and in the case of
paper, provide for maximizing the use of post consumer recovered
materials referred to in subsection (h)(1) of this section; and
(2) set forth recommended practices with respect to the
procurement of recovered materials and items containing such
materials and with respect to certification by vendors of the
percentage of recovered materials used,

and shall provide information as to the availability, relative
price, and performance of such materials and items and where
appropriate shall recommend the level of recovered material to be
contained in the procured product. The Administrator shall prepare
final guidelines for paper within one hundred and eighty days after
November 8, 1984, and for three additional product categories
(including tires) by October 1, 1985. In making the designation
under paragraph (1), the Administrator shall consider, but is not
limited in his considerations, to -
(A) the availability of such items;
(B) the impact of the procurement of such items by procuring
agencies on the volume of solid waste which must be treated,
stored or disposed of;
(C) the economic and technological feasibility of producing and
using such items; and
(D) other uses for such recovered materials.
(f) Procurement of services
A procuring agency shall, to the maximum extent practicable,
manage or arrange for the procurement of solid waste management
services in a manner which maximizes energy and resource recovery.
(g) Executive Office
The Office of Procurement Policy in the Executive Office of the
President, in cooperation with the Administrator, shall implement
the requirements of this section. It shall be the responsibility of
the Office of Procurement Policy to coordinate this policy with
other policies for Federal procurement, in such a way as to
maximize the use of recovered resources, and to, every two years
beginning in 1984, report to the Congress on actions taken by
Federal agencies and the progress made in the implementation of
this section, including agency compliance with subsection (d) of
this section.
(h) "Recovered materials" defined
As used in this section, in the case of paper products, the term
"recovered materials" includes -
(1) postconsumer materials such as -
(A) paper, paperboard, and fibrous wastes from retail stores,
office buildings, homes, and so forth, after they have passed
through their end-usage as a consumer item, including: used
corrugated boxes; old newspapers; old magazines; mixed waste
paper; tabulating cards; and used cordage; and
(B) all paper, paperboard, and fibrous wastes that enter and
are collected from municipal solid waste, and

(2) manufacturing, forest residues, and other wastes such as -
(A) dry paper and paperboard waste generated after completion
of the papermaking process (that is, those manufacturing
operations up to and including the cutting and trimming of the
paper machine reel into smaller rolls or rough sheets)
including: envelope cuttings, bindery trimmings, and other
paper and paperboard waste, resulting from printing, cutting,
forming, and other converting operations; bag, box, and carton
manufacturing wastes; and butt rolls, mill wrappers, and
rejected unused stock; and
(B) finished paper and paperboard from obsolete inventories
of paper and paperboard manufacturers, merchants, wholesalers,
dealers, printers, converters, or others;
(C) fibrous byproducts of harvesting, manufacturing,
extractive, or wood-cutting processes, flax, straw, linters,
bagasse, slash, and other forest residues;
(D) wastes generated by the conversion of goods made from
fibrous material (that is, waste rope from cordage manufacture,
textile mill waste, and cuttings); and
(E) fibers recovered from waste water which otherwise would
enter the waste stream.
(i) Procurement program
(1) Within one year after the date of publication of applicable
guidelines under subsection (e) of this section, each procuring
agency shall develop an affirmative procurement program which will
assure that items composed of recovered materials will be purchased
to the maximum extent practicable and which is consistent with
applicable provisions of Federal procurement law.
(2) Each affirmative procurement program required under this
subsection shall, at a minimum, contain -
(A) a recovered materials preference program;
(B) an agency promotion program to promote the preference
program adopted under subparagraph (A);
(C) a program for requiring estimates of the total percentage
of recovered material utilized in the performance of a contract;
certification of minimum recovered material content actually
utilized, where appropriate; and reasonable verification
procedures for estimates and certifications; and
(D) annual review and monitoring of the effectiveness of an
agency's affirmative procurement program.

In the case of paper, the recovered materials preference program
required under subparagraph (A) shall provide for the maximum use
of the post consumer recovered materials referred to in subsection
(h)(1) of this section.
(3) In developing the preference program, the following options
shall be considered for adoption:
(A) Case-by-Case Policy Development: Subject to the limitations
of subsection (c)(1)(A) through (C) of this section, a policy of
awarding contracts to the vendor offering an item composed of the
highest percentage of recovered materials practicable (and in the
case of paper, the highest percentage of the post consumer
recovered materials referred to in subsection (h)(1) of this
section). Subject to such limitations, agencies may make an award
to a vendor offering items with less than the maximum recovered
materials content.
(B) Minimum Content Standards: Minimum recovered materials
content specifications which are set in such a way as to assure
that the recovered materials content (and in the case of paper,
the content of post consumer materials referred to in subsection
(h)(1) of this section) required is the maximum available without
jeopardizing the intended end use of the item, or violating the
limitations of subsection (c)(1)(A) through (C) of this section.

Procuring agencies shall adopt one of the options set forth in
subparagraphs (A) and (B) or a substantially equivalent
alternative, for inclusion in the affirmative procurement program.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 6002, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2822; amended Pub. L. 95-609, Sec. 7(n),
Nov. 8, 1978, 92 Stat. 3082; Pub. L. 96-482, Sec. 22, Oct. 21,
1980, 94 Stat. 2346; Pub. L. 97-375, title I, Sec. 102, Dec. 21,
1982, 96 Stat. 1819; Pub. L. 98-616, title V, Sec. 501(a)-(e), Nov.
8, 1984, 98 Stat. 3274-3276; Pub. L. 100-418, title V, Sec.
5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102-393, title VI,
Sec. 630, Oct. 6, 1992, 106 Stat. 1773; Pub. L. 103-355, title I,
Sec. 1554(1), title IV, Sec. 4104(e), Oct. 13, 1994, 108 Stat.
3300, 3342.)

-COD-
CODIFICATION
Pub. L. 102-393, title VI, Sec. 630, Oct. 6, 1990, 106 Stat.
1773, which directed that this title be amended by adding a new
section 6962j, relating to a preference for recycled toner
cartridges, and which had been executed by adding the provisions of
purported new section as subsec. (j) of this section, to reflect
the probable intent of Congress, was repealed by Pub. L. 103-355,
title I, Sec. 1554(1), Oct. 13, 1994, 108 Stat. 3300. Similar
provisions were contained in Pub. L. 103-123, title IV, Sec. 401,
Oct. 28, 1993, 107 Stat. 1238, prior to repeal by Pub. L. 103-355,
title I, Sec. 1554(2), Oct. 13, 1994, 108 Stat. 3300.


-MISC1-
AMENDMENTS
1994 - Subsec. (c)(3). Pub. L. 103-355, Sec. 4104(e), designated
existing provisions as subpar. (A), redesignated subpars. (A) and
(B) as cls. (i) and (ii), respectively, and added subpar. (B).
Subsec. (j). Pub. L. 103-355, Sec. 1554(1), struck out subsec.
(j). See Codification note above.
1992 - Subsec. (j). Pub. L. 102-393 added subsec. (j). See
Codification note above.
1988 - Subsecs. (c)(1)(C), (e). Pub. L. 100-418 substituted
"National Institute of Standards and Technology" for "Bureau of
Standards".
1984 - Subsec. (c)(1). Pub. L. 98-616, Sec. 501(c), inserted
"(and in the case of paper, the highest percentage of the
postconsumer recovered materials referred to in subsection (h)(1)
of this section practicable)".
Subsec. (d)(1). Pub. L. 98-616, Sec. 501(e), substituted
"eighteen months after November 8, 1984" for "five years after
October 21, 1976".
Subsec. (e). Pub. L. 98-616, Sec. 501(b)(2), substituted "for
paper within one hundred and eighty days after November 8, 1984,
and for three additional product categories (including tires) by
October 1, 1985" for "for at least three product categories,
including paper, by May 1, 1981, and for two additional product
categories, including construction materials, by September 30,
1982." in provisions following par. (2).
Subsec. (e)(1). Pub. L. 98-616, Sec. 501(b)(1), inserted ", and
in the case of paper, provide for maximizing the use of post
consumer recovered materials referred to in subsection (h)(1) of
this section".
Subsec. (g). Pub. L. 98-616, Sec. 501(d), substituted "the
requirements of" for "the policy expressed in" and inserted ", and
to, every two years beginning in 1984, report to the Congress on
actions taken by Federal agencies and the progress made in the
implementation of this section, including agency compliance with
subsection (d) of this section".
Subsecs. (h), (i). Pub. L. 98-616, Sec. 501(a), added subsecs.
(h) and (i).
1982 - Subsec. (g). Pub. L. 97-375 struck out provision requiring
the Office of Procurement Policy to report annually to Congress on
actions taken by Federal agencies and the progress made in the
implementation of the policy expressed in this section.
1980 - Subsec. (c)(1). Pub. L. 96-482, Sec. 22(1), (2), in
provision preceding subpar. (A), substituted "After the date
specified in applicable guidelines prepared pursuant to subsection
(e) of this section, each procuring agency which procures any item
designated in such guidelines shall procure such" for "After two
years after October 21, 1976, each procuring agency shall procure",
and in subpar. (C), "subparagraph (B)" for "clause (B)".
Subsec. (c)(2). Pub. L. 96-482, Sec. 22(3), substituted "energy
or fuels derived from solid waste" for "recovered material and
recovered-material-derived fuel".
Subsec. (c)(3). Pub. L. 96-482, Sec. 22(4), substituted subpars.
(A) and (B) for provision requiring certification of the percentage
of the total material utilized for the performance of the contract
which is recovered materials.
Subsec. (d). Pub. L. 96-482, Sec. 22(5), in par. (1), substituted
provision requiring Federal agencies to eliminate from
specifications as expeditiously as possible, but in no event later
than 5 years after Oct. 21, 1976, any exclusion of recovered
materials and any requirement that items be manufactured from
virgin materials for provision that Federal agencies in reviewing
specifications, ascertain whether those specifications violate
prohibitions in par. (2)(A) to (C), with such review undertaken not
later than 18 months after Oct. 21, 1976, and in par. (2),
substituted provision that Federal agencies act within 1 year from
publication of applicable guidelines under subsec. (e) of this
section for provision that in drafting or revising specifications
after Oct. 21, 1976, any exclusion of recovered materials be
eliminated and specifications not require the item to be
manufactured from virgin materials.
Subsec. (e). Pub. L. 96-482, Sec. 22(6), designated provision
relating to requirements of guidelines as cl. (2) and subpars. (A)
and (C), added cl. (1), subpars. (B) and (C), and provision
preceding subpar. (A), and struck out provision requiring
information on source of supply.
1978 - Subsec. (c). Pub. L. 95-609, Sec. 7(n)(1), (2),
redesignated subpar. (1)(A) as par. (1), subpars. (1)(B) and (C) as
pars. (2) and (3), respectively, and cls. (i) to (iii) of former
subpar. (1)(A) as subpars. (A) to (C), respectively, of par. (1),
and in par. (3), as so redesignated, inserted "After the date
specified in any applicable guidelines prepared pursuant to
subsection (e) of this section," before "contracting".
Subsec. (e). Pub. L. 95-609, Sec. 7(n)(3), inserted provision
dealing with certification by vendors of the materials used.

EFFECTIVE DATE OF 1994 AMENDMENT
For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under
section 251 of Title 41, Public Contracts.


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.


-MISC2-
GREENING THE GOVERNMENT THROUGH WASTE PREVENTION
Executive agency heads to develop and implement affirmative
procurement programs in accordance with this section and Ex. Ord.
No. 13101, and specifications, standards, and product descriptions
inconsistent with this section or Ex. Ord. No. 13101 to be revised,
and guidance for use in determining Federal facility compliance
with this section and Ex. Ord. No. 13101 to be prepared with
evaluations to be based on this implementing guidance, see Ex. Ord.
No. 13101, Secs. 402, 403, 501(a), Sept. 14, 1998, 63 F.R. 49646,
49647, set out as a note under section 6961 of this title.

-End-



-CITE-
42 USC Sec. 6963 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-
Sec. 6963. Cooperation with Environmental Protection Agency

-STATUTE-
(a) General rule
All Federal agencies shall assist the Administrator in carrying
out his functions under this chapter and shall promptly make
available all requested information concerning past or present
Agency waste management practices and past or present Agency owned,
leased, or operated solid or hazardous waste facilities. This
information shall be provided in such format as may be determined
by the Administrator.
(b) Information relating to energy and materials conservation and
recovery
The Administrator shall collect, maintain, and disseminate
information concerning the market potential of energy and materials
recovered from solid waste, including materials obtained through
source separation, and information concerning the savings potential
of conserving resources contributing to the waste stream. The
Administrator shall identify the regions in which the increased
substitution of such energy for energy derived from fossil fuels
and other sources is most likely to be feasible, and provide
information on the technical and economic aspects of developing
integrated resource conservation or recovery systems which provide
for the recovery of source-separated materials to be recycled or
the conservation of resources. The Administrator shall utilize the
authorities of subsection (a) of this section in carrying out this
subsection.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 6003, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2823; amended Pub. L. 96-482, Sec.
32(g), Oct. 21, 1980, 94 Stat. 2355.)


-MISC1-
AMENDMENTS
1980 - Pub. L. 96-482 designated existing provision as subsec.
(a), substituted provision that information be provided in a format
determined by the Administrator for provision that information be
furnished on a reimbursable basis, and added subsec. (b).


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6964 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-
Sec. 6964. Applicability of solid waste disposal guidelines to
Executive agencies

-STATUTE-
(a) Compliance
(1) If -
(A) an Executive agency (as defined in section 105 of title 5)
or any unit of the legislative branch of the Federal Government
has jurisdiction over any real property or facility the operation
or administration of which involves such agency in solid waste
management activities, or
(B) such an agency enters into a contract with any person for
the operation by such person of any Federal property or facility,
and the performance of such contract involves such person in
solid waste management activities,

then such agency shall insure compliance with the guidelines
recommended under section 6907 of this title and the purposes of
this chapter in the operation or administration of such property or
facility, or the performance of such contract, as the case may be.
(2) Each Executive agency or any unit of the legislative branch
of the Federal Government which conducts any activity -
(A) which generates solid waste, and
(B) which, if conducted by a person other than such agency,
would require a permit or license from such agency in order to
dispose of such solid waste,

shall insure compliance with such guidelines and the purposes of
this chapter in conducting such activity.
(3) Each Executive agency which permits the use of Federal
property for purposes of disposal of solid waste shall insure
compliance with such guidelines and the purposes of this chapter in
the disposal of such waste.
(4) The President or the Committee on House Oversight of the
House of Representatives and the Committee on Rules and
Administration of the Senate with regard to any unit of the
legislative branch of the Federal Government shall prescribe
regulations to carry out this subsection.
(b) Licenses and permits
Each Executive agency which issues any license or permit for
disposal of solid waste shall, prior to the issuance of such
license or permit, consult with the Administrator to insure
compliance with guidelines recommended under section 6907 of this
title and the purposes of this chapter.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 6004, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2823; amended Pub. L. 95-609, Sec. 7(o),
Nov. 8, 1978, 92 Stat. 3083; Pub. L. 96-482, Sec. 23, Oct. 21,
1980, 94 Stat. 2347; Pub. L. 104-186, title II, Sec. 222(2), Aug.
20, 1996, 110 Stat. 1751.)


-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in
section 3254e of this title, prior to the general amendment of the
Solid Waste Disposal Act by Pub. L. 94-580.

AMENDMENTS
1996 - Subsec. (a)(4). Pub. L. 104-186 substituted "House
Oversight" for "House Administration".
1980 - Subsec. (a)(1)(A). Pub. L. 96-482, Sec. 23(1), inserted
reference to any unit of the legislative branch of the Federal
Government.
Subsec. (a)(2). Pub. L. 96-482, Sec. 23(2), required any unit of
the legislative branch of the Federal Government to insure
compliance with solid waste disposal guidelines.
Subsec. (a)(4). Pub. L. 96-482, Sec. 23(3), required House
Committee on House Administration and Senate Committee on Rules and
Administration with regard to any unit of the legislative branch of
the Federal Government to prescribe implementing regulations.
1978 - Subsec. (a)(1). Pub. L. 95-609, Sec. 7(o)(1), (2),
substituted "management" for "disposal" in two places.
Subsec. (b). Pub. L. 95-609, Sec. 7(o)(3), substituted
"Administrator" for "Secretary".

-CHANGE-
CHANGE OF NAME
Committee on House Oversight of House of Representatives changed
to Committee on House Administration of House of Representatives by
House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6965 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-
Sec. 6965. Chief Financial Officer report

-STATUTE-
The Chief Financial Officer of each affected agency shall submit
to Congress an annual report containing, to the extent practicable,
a detailed description of the compliance activities undertaken by
the agency for mixed waste streams, and an accounting of the fines
and penalties imposed on the agency for violations involving mixed
waste.

-SOURCE-
(Pub. L. 102-386, title I, Sec. 110, Oct. 6, 1992, 106 Stat. 1516.)

-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. 6966 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-
Sec. 6966. Increased use of recovered mineral component in
federally funded projects involving procurement of cement or
concrete

-STATUTE-
(a) Definitions
In this section:
(1) Agency head
The term "agency head" means -
(A) the Secretary of Transportation; and
(B) the head of any other Federal agency that, on a regular
basis, procures, or provides Federal funds to pay or assist in
paying the cost of procuring, material for cement or concrete
projects.
(2) Cement or concrete project
The term "cement or concrete project" means a project for the
construction or maintenance of a highway or other transportation
facility or a Federal, State, or local government building or
other public facility that -
(A) involves the procurement of cement or concrete; and
(B) is carried out, in whole or in part, using Federal funds.
(3) Recovered mineral component
The term "recovered mineral component" means -
(A) ground granulated blast furnace slag, excluding lead
slag;
(B) coal combustion fly ash; and
(C) any other waste material or byproduct recovered or
diverted from solid waste that the Administrator, in
consultation with an agency head, determines should be treated
as recovered mineral component under this section for use in
cement or concrete projects paid for, in whole or in part, by
the agency head.
(b) Implementation of requirements
(1) In general
Not later than 1 year after August 8, 2005, the Administrator
and each agency head shall take such actions as are necessary to
implement fully all procurement requirements and incentives in
effect as of August 8, 2005 (including guidelines under section
6962 of this title) that provide for the use of cement and
concrete incorporating recovered mineral component in cement or
concrete projects.
(2) Priority
In carrying out paragraph (1), an agency head shall give
priority to achieving greater use of recovered mineral component
in cement or concrete projects for which recovered mineral
components historically have not been used or have been used only
minimally.
(3) Federal procurement requirements
The Administrator and each agency head shall carry out this
subsection in accordance with section 6962 of this title.
(c) Full implementation study
(1) In general
The Administrator, in cooperation with the Secretary of
Transportation and the Secretary of Energy, shall conduct a study
to determine the extent to which procurement requirements, when
fully implemented in accordance with subsection (b) of this
section, may realize energy savings and environmental benefits
attainable with substitution of recovered mineral component in
cement used in cement or concrete projects.
(2) Matters to be addressed
The study shall -
(A) quantify -
(i) the extent to which recovered mineral components are
being substituted for Portland cement, particularly as a
result of procurement requirements; and
(ii) the energy savings and environmental benefits
associated with the substitution;

(B) identify all barriers in procurement requirements to
greater realization of energy savings and environmental
benefits, including barriers resulting from exceptions from the
law; and
(C)(i) identify potential mechanisms to achieve greater
substitution of recovered mineral component in types of cement
or concrete projects for which recovered mineral components
historically have not been used or have been used only
minimally;
(ii) evaluate the feasibility of establishing guidelines or
standards for optimized substitution rates of recovered mineral
component in those cement or concrete projects; and
(iii) identify any potential environmental or economic
effects that may result from greater substitution of recovered
mineral component in those cement or concrete projects.
(3) Report
Not later than 30 months after August 8, 2005, the
Administrator shall submit to Congress a report on the study.
(d) Additional procurement requirements
Unless the study conducted under subsection (c) of this section
identifies any effects or other problems described in subsection
(c)(2)(C)(iii) of this section that warrant further review or
delay, the Administrator and each agency head shall, not later than
1 year after the date on which the report under subsection (c)(3)
of this section is submitted, take additional actions under this
chapter to establish procurement requirements and incentives that
provide for the use of cement and concrete with increased
substitution of recovered mineral component in the construction and
maintenance of cement or concrete projects -
(1) to realize more fully the energy savings and environmental
benefits associated with increased substitution; and
(2) to eliminate barriers identified under subsection (c)(2)(B)
of this section.
(e) Effect of section
Nothing in this section affects the requirements of section 6962
of this title (including the guidelines and specifications for
implementing those requirements).

-SOURCE-
(Pub. L. 89-272, title II, Sec. 6005, as added Pub. L. 109-58,
title I, Sec. 108(a), Aug. 8, 2005, 119 Stat. 612.)

-COD-
CODIFICATION
Another section 6005 of Pub. L. 89-272 is classified to section
6966a of this title.

-End-



-CITE-
42 USC Sec. 6966a 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-
Sec. 6966a. Increased use of recovered mineral component in
federally funded projects involving procurement of cement or
concrete

-STATUTE-
(a) Definitions
In this section:
(1) Agency head
The term "agency head" means -
(A) the Secretary of Transportation; and
(B) the head of each other Federal agency that on a regular
basis procures, or provides Federal funds to pay or assist in
paying the cost of procuring, material for cement or concrete
projects.
(2) Cement or concrete project
The term "cement or concrete project" means a project for the
construction or maintenance of a highway or other transportation
facility or a Federal, State, or local government building or
other public facility that -
(A) involves the procurement of cement or concrete; and
(B) is carried out in whole or in part using Federal funds.
(3) Recovered mineral component
The term "recovered mineral component" means -
(A) ground granulated blast furnace slag other than lead
slag;
(B) coal combustion fly ash;
(C) blast furnace slag aggregate other than lead slag
aggregate;
(D) silica fume; and
(E) any other waste material or byproduct recovered or
diverted from solid waste that the Administrator, in
consultation with an agency head, determines should be treated
as recovered mineral component under this section for use in
cement or concrete projects paid for, in whole or in part, by
the agency head.
(b) Implementation of requirements
(1) In general
Not later than 1 year after August 10, 2005, the Administrator
and each agency head shall take such actions as are necessary to
implement fully all procurement requirements and incentives in
effect as of August 10, 2005 (including guidelines under section
6962 of this title) that provide for the use of cement and
concrete incorporating recovered mineral component in cement or
concrete projects.
(2) Priority
In carrying out paragraph (1) an agency head shall give
priority to achieving greater use of recovered mineral component
in cement or concrete projects for which recovered mineral
components historically have not been used or have been used only
minimally.
(3) Conformance
The Administrator and each agency head shall carry out this
subsection in accordance with section 6962 of this title.
(c) Full implementation study
(1) In general
The Administrator, in cooperation with the Secretary of
Transportation and the Secretary of Energy, shall conduct a study
to determine the extent to which current procurement
requirements, when fully implemented in accordance with
subsection (b) of this section, may realize energy savings and
environmental benefits attainable with substitution of recovered
mineral component in cement used in cement or concrete projects.
(2) Matters to be addressed
The study shall -
(A) quantify the extent to which recovered mineral components
are being substituted for Portland cement, particularly as a
result of current procurement requirements, and the energy
savings and environmental benefits associated with that
substitution;
(B) identify all barriers in procurement requirements to
greater realization of energy savings and environmental
benefits, including barriers resulting from exceptions from
current law; and
(C)(i) identify potential mechanisms to achieve greater
substitution of recovered mineral component in types of cement
or concrete projects for which recovered mineral components
historically have not been used or have been used only
minimally;
(ii) evaluate the feasibility of establishing guidelines or
standards for optimized substitution rates of recovered mineral
component in those cement or concrete projects; and
(iii) identify any potential environmental or economic
effects that may result from greater substitution of recovered
mineral component in those cement or concrete projects.
(3) Report
Not later than 30 months after August 10, 2005, the
Administrator shall submit to Congress a report on the study.
(d) Additional procurement requirements
Unless the study conducted under subsection (c) of this section
identifies any effects or other problems described in subsection
(c)(2)(C)(iii) of this section that warrant further review or
delay, the Administrator and each agency head shall, not later than
1 year after the release of the report in accordance with
subsection (c)(3) of this section, take additional actions
authorized under this chapter to establish procurement requirements
and incentives that provide for the use of cement and concrete with
increased substitution of recovered mineral component in the
construction and maintenance of cement or concrete projects, so as
to -
(1) realize more fully the energy savings and environmental
benefits associated with increased substitution; and
(2) eliminate barriers identified under subsection (c) of this
section.
(e) Effect of section
Nothing in this section affects the requirements of section 6962
of this title (including the guidelines and specifications for
implementing those requirements).

-SOURCE-
(Pub. L. 89-272, title II, Sec. 6005, as added Pub. L. 109-59,
title VI, Sec. 6017(a), Aug. 10, 2005, 119 Stat. 1888.)

-COD-
CODIFICATION
Another section 6005 of Pub. L. 89-272 is classified to section
6966 of this title.

-End-



-CITE-
42 USC Sec. 6966b 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-
Sec. 6966b. Use of granular mine tailings

-STATUTE-
(a) Mine tailings
(1) In general
Not later than 180 days after August 10, 2005, the
Administrator, in consultation with the Secretary of
Transportation and heads of other Federal agencies, shall
establish criteria (including an evaluation of whether to
establish a numerical standard for concentration of lead and
other hazardous substances) for the safe and environmentally
protective use of granular mine tailings from the Tar Creek,
Oklahoma Mining District, known as "chat", for -
(A) cement or concrete projects; and
(B) transportation construction projects (including
transportation construction projects involving the use of
asphalt) that are carried out, in whole or in part, using
Federal funds.
(2) Requirements
In establishing criteria under paragraph (1), the Administrator
shall consider -
(A) the current and previous uses of granular mine tailings
as an aggregate for asphalt; and
(B) any environmental and public health risks and benefits
derived from the removal, transportation, and use in
transportation projects of granular mine tailings.
(3) Public participation
In establishing the criteria under paragraph (1), the
Administrator shall solicit and consider comments from the
public.
(4) Applicability of criteria
On the establishment of the criteria under paragraph (1), any
use of the granular mine tailings described in paragraph (1) in a
transportation project that is carried out, in whole or in part,
using Federal funds, shall meet the criteria established under
paragraph (1).
(b) Effect of sections
Nothing in this section or section 6966a of this title affects
any requirement of any law (including a regulation) in effect on
August 10, 2005.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 6006, as added Pub. L. 109-59,
title VI, Sec. 6018(a), Aug. 10, 2005, 119 Stat. 1890.)

-REFTEXT-
REFERENCES IN TEXT
Section 6966a of this title, referred to in subsec. (b), was in
the original "section 6005" meaning section 6005 of Pub. L. 89-272,
which was translated as meaning the section 6005 of Pub. L. 89-272
as added by section 6017(a) of Pub. L. 109-59, to reflect the
probable intent of Congress.

-End-


-CITE-
42 USC SUBCHAPTER VII - MISCELLANEOUS PROVISIONS 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-End-



-CITE-
42 USC Sec. 6971 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 6971. Employee protection

-STATUTE-
(a) General
No person shall fire, or in any other way discriminate against,
or cause to be fired or discriminated against, any employee or any
authorized representative of employees by reason of the fact that
such employee or representative has filed, instituted, or caused to
be filed or instituted any proceeding under this chapter or under
any applicable implementation plan, or has testified or is about to
testify in any proceeding resulting from the administration or
enforcement of the provisions of this chapter or of any applicable
implementation plan.
(b) Remedy
Any employee or a representative of employees who believes that
he has been fired or otherwise discriminated against by any person
in violation of subsection (a) of this section may, within thirty
days after such alleged violation occurs, apply to the Secretary of
Labor for a review of such firing or alleged discrimination. A copy
of the application shall be sent to such person who shall be the
respondent. Upon receipt of such application, the Secretary of
Labor shall cause such investigation to be made as he deems
appropriate. Such investigation shall provide an opportunity for a
public hearing at the request of any party to such review to enable
the parties to present information relating to such alleged
violation. The parties shall be given written notice of the time
and place of the hearing at least five days prior to the hearing.
Any such hearing shall be of record and shall be subject to section
554 of title 5. Upon receiving the report of such investigation,
the Secretary of Labor shall make findings of fact. If he finds
that such violation did occur, he shall issue a decision,
incorporating an order therein and his findings, requiring the
party committing such violation to take such affirmative action to
abate the violation as the Secretary of Labor deems appropriate,
including, but not limited to, the rehiring or reinstatement of the
employee or representative of employees to his former position with
compensation. If he finds that there was no such violation, he
shall issue an order denying the application. Such order issued by
the Secretary of Labor under this subparagraph shall be subject to
judicial review in the same manner as orders and decisions of the
Administrator or subject to judicial review under this chapter.
(c) Costs
Whenever an order is issued under this section to abate such
violation, at the request of the applicant, a sum equal to the
aggregate amount of all costs and expenses (including the
attorney's fees) as determined by the Secretary of Labor, to have
been reasonably incurred by the applicant for, or in connection
with, the institution and prosecution of such proceedings, shall be
assessed against the person committing such violation.
(d) Exception
This section shall have no application to any employee who,
acting without direction from his employer (or his agent)
deliberately violates any requirement of this chapter.
(e) Employment shifts and loss
The Administrator shall conduct continuing evaluations of
potential loss or shifts of employment which may result from the
administration or enforcement of the provisions of this chapter and
applicable implementation plans, including, where appropriate,
investigating threatened plant closures or reductions in employment
allegedly resulting from such administration or enforcement. Any
employee who is discharged, or laid off, threatened with discharge
or layoff, or otherwise discriminated against by any person because
of the alleged results of such administration or enforcement, or
any representative of such employee, may request the Administrator
to conduct a full investigation of the matter. The Administrator
shall thereupon investigate the matter and, at the request of any
party, shall hold public hearings on not less than five days'
notice, and shall at such hearings require the parties, including
the employer involved, to present information relating to the
actual or potential effect of such administration or enforcement on
employment and on any alleged discharge, layoff, or other
discrimination and the detailed reasons or justification therefor.
Any such hearing shall be of record and shall be subject to section
554 of title 5. Upon receiving the report of such investigation,
the Administrator shall make findings of fact as to the effect of
such administration or enforcement on employment and on the alleged
discharge, layoff, or discrimination and shall make such
recommendations as he deems appropriate. Such report, findings, and
recommendations shall be available to the public. Nothing in this
subsection shall be construed to require or authorize the
Administrator or any State to modify or withdraw any standard,
limitation, or any other requirement of this chapter or any
applicable implementation plan.
(f) Occupational safety and health
In order to assist the Secretary of Labor and the Director of the
National Institute for Occupational Safety and Health in carrying
out their duties under the Occupational Safety and Health Act of
1970 [29 U.S.C. 651 et seq.], the Administrator shall -
(1) provide the following information, as such information
becomes available, to the Secretary and the Director:
(A) the identity of any hazardous waste generation,
treatment, storage, disposal facility or site where cleanup is
planned or underway;
(B) information identifying the hazards to which persons
working at a hazardous waste generation, treatment, storage,
disposal facility or site or otherwise handling hazardous waste
may be exposed, the nature and extent of the exposure, and
methods to protect workers from such hazards; and
(C) incidents of worker injury or harm at a hazardous waste
generation, treatment, storage or disposal facility or site;
and

(2) notify the Secretary and the Director of the
Administrator's receipt of notifications under section 6930 or
reports under sections 6922, 6923, and 6924 of this title and
make such notifications and reports available to the Secretary
and the Director.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 7001, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2824; amended Pub. L. 96-482, Sec. 24,
Oct. 21, 1980, 94 Stat. 2347.)

-REFTEXT-
REFERENCES IN TEXT
The Occupational Safety and Health Act of 1970, referred to in
subsec. (f), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as
amended, which is classified principally to chapter 15 (Sec. 651 et
seq.) of Title 29, Labor. For complete classification of this Act
to the Code, see Short Title note set out under section 651 of
Title 29 and Tables.


-MISC1-
AMENDMENTS
1980 - Subsec. (f). Pub. L. 96-482 added subsec. (f).


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6972 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 6972. Citizen suits

-STATUTE-
(a) In general
Except as provided in subsection (b) or (c) of this section, any
person may commence a civil action on his own behalf -
(1)(A) against any person (including (a) the United States, and
(b) any other governmental instrumentality or agency, to the
extent permitted by the eleventh amendment to the Constitution)
who is alleged to be in violation of any permit, standard,
regulation, condition, requirement, prohibition, or order which
has become effective pursuant to this chapter; or
(B) against any person, including the United States and any
other governmental instrumentality or agency, to the extent
permitted by the eleventh amendment to the Constitution, and
including any past or present generator, past or present
transporter, or past or present owner or operator of a treatment,
storage, or disposal facility, who has contributed or who is
contributing to the past or present handling, storage, treatment,
transportation, or disposal of any solid or hazardous waste which
may present an imminent and substantial endangerment to health or
the environment; or
(2) against the Administrator where there is alleged a failure
of the Administrator to perform any act or duty under this
chapter which is not discretionary with the Administrator.

Any action under paragraph (a)(1) of this subsection shall be
brought in the district court for the district in which the alleged
violation occurred or the alleged endangerment may occur. Any
action brought under paragraph (a)(2) of this subsection may be
brought in the district court for the district in which the alleged
violation occurred or in the District Court of the District of
Columbia. The district court shall have jurisdiction, without
regard to the amount in controversy or the citizenship of the
parties, to enforce the permit, standard, regulation, condition,
requirement, prohibition, or order, referred to in paragraph
(1)(A), to restrain any person who has contributed or who is
contributing to the past or present handling, storage, treatment,
transportation, or disposal of any solid or hazardous waste
referred to in paragraph (1)(B), to order such person to take such
other action as may be necessary, or both, or to order the
Administrator to perform the act or duty referred to in paragraph
(2), as the case may be, and to apply any appropriate civil
penalties under section 6928(a) and (g) of this title.
(b) Actions prohibited
(1) No action may be commenced under subsection (a)(1)(A) of this
section -
(A) prior to 60 days after the plaintiff has given notice of
the violation to -
(i) the Administrator;
(ii) the State in which the alleged violation occurs; and
(iii) to any alleged violator of such permit, standard,
regulation, condition, requirement, prohibition, or order,

except that such action may be brought immediately after such
notification in the case of an action under this section
respecting a violation of subchapter III of this chapter; or
(B) if the Administrator or State has commenced and is
diligently prosecuting a civil or criminal action in a court of
the United States or a State to require compliance with such
permit, standard, regulation, condition, requirement,
prohibition, or order.

In any action under subsection (a)(1)(A) of this section in a court
of the United States, any person may intervene as a matter of
right.
(2)(A) No action may be commenced under subsection (a)(1)(B) of
this section prior to ninety days after the plaintiff has given
notice of the endangerment to -
(i) the Administrator;
(ii) the State in which the alleged endangerment may occur;
(iii) any person alleged to have contributed or to be
contributing to the past or present handling, storage, treatment,
transportation, or disposal of any solid or hazardous waste
referred to in subsection (a)(1)(B) of this section,

except that such action may be brought immediately after such
notification in the case of an action under this section respecting
a violation of subchapter III of this chapter.
(B) No action may be commenced under subsection (a)(1)(B) of this
section if the Administrator, in order to restrain or abate acts or
conditions which may have contributed or are contributing to the
activities which may present the alleged endangerment -
(i) has commenced and is diligently prosecuting an action under
section 6973 of this title or under section 106 of the
Comprehensive Environmental Response, Compensation and Liability
Act of 1980 [42 U.S.C. 9606],(!1)

(ii) is actually engaging in a removal action under section 104
of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 [42 U.S.C. 9604];
(iii) has incurred costs to initiate a Remedial Investigation
and Feasibility Study under section 104 of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980
[42 U.S.C. 9604] and is diligently proceeding with a remedial
action under that Act [42 U.S.C. 9601 et seq.]; or
(iv) has obtained a court order (including a consent decree) or
issued an administrative order under section 106 of the
Comprehensive Environmental Response, Compensation and Liability
Act of 980 (!2) [42 U.S.C. 9606] or section 6973 of this title
pursuant to which a responsible party is diligently conducting a
removal action, Remedial Investigation and Feasibility Study
(RIFS), or proceeding with a remedial action.


In the case of an administrative order referred to in clause (iv),
actions under subsection (a)(1)(B) of this section are prohibited
only as to the scope and duration of the administrative order
referred to in clause (iv).
(C) No action may be commenced under subsection (a)(1)(B) of this
section if the State, in order to restrain or abate acts or
conditions which may have contributed or are contributing to the
activities which may present the alleged endangerment -
(i) has commenced and is diligently prosecuting an action under
subsection (a)(1)(B) of this section;
(ii) is actually engaging in a removal action under section 104
of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 [42 U.S.C. 9604]; or
(iii) has incurred costs to initiate a Remedial Investigation
and Feasibility Study under section 104 of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980
[42 U.S.C. 9604] and is diligently proceeding with a remedial
action under that Act [42 U.S.C. 9601 et seq.].

(D) No action may be commenced under subsection (a)(1)(B) of this
section by any person (other than a State or local government) with
respect to the siting of a hazardous waste treatment, storage, or a
disposal facility, nor to restrain or enjoin the issuance of a
permit for such facility.
(E) In any action under subsection (a)(1)(B) of this section in a
court of the United States, any person may intervene as a matter of
right when the applicant claims an interest relating to the subject
of the action and he is so situated that the disposition of the
action may, as a practical matter, impair or impede his ability to
protect that interest, unless the Administrator or the State shows
that the applicant's interest is adequately represented by existing
parties.
(F) Whenever any action is brought under subsection (a)(1)(B) of
this section in a court of the United States, the plaintiff shall
serve a copy of the complaint on the Attorney General of the United
States and with the Administrator.
(c) Notice
No action may be commenced under paragraph (a)(2) of this section
prior to sixty days after the plaintiff has given notice to the
Administrator that he will commence such action, except that such
action may be brought immediately after such notification in the
case of an action under this section respecting a violation of
subchapter III of this chapter. Notice under this subsection shall
be given in such manner as the Administrator shall prescribe by
regulation. Any action respecting a violation under this chapter
may be brought under this section only in the judicial district in
which such alleged violation occurs.
(d) Intervention
In any action under this section the Administrator, if not a
party, may intervene as a matter of right.
(e) Costs
The court, in issuing any final order in any action brought
pursuant to this section or section 6976 of this title, may award
costs of litigation (including reasonable attorney and expert
witness fees) to the prevailing or substantially prevailing party,
whenever the court determines such an award is appropriate. The
court may, if a temporary restraining order or preliminary
injunction is sought, require the filing of a bond or equivalent
security in accordance with the Federal Rules of Civil Procedure.
(f) Other rights preserved
Nothing in this section shall restrict any right which any person
(or class of persons) may have under any statute or common law to
seek enforcement of any standard or requirement relating to the
management of solid waste or hazardous waste, or to seek any other
relief (including relief against the Administrator or a State
agency).
(g) Transporters
A transporter shall not be deemed to have contributed or to be
contributing to the handling, storage, treatment, or disposal,
referred to in subsection (a)(1)(B) of this section taking place
after such solid waste or hazardous waste has left the possession
or control of such transporter, if the transportation of such waste
was under a sole contractual arrangement arising from a published
tariff and acceptance for carriage by common carrier by rail and
such transporter has exercised due care in the past or present
handling, storage, treatment, transportation and disposal of such
waste.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 7002, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2825; amended Pub. L. 95-609, Sec. 7(p),
Nov. 8, 1978, 92 Stat. 3083; Pub. L. 98-616, title IV, Sec. 401,
Nov. 8, 1984, 98 Stat. 3268.)

-REFTEXT-
REFERENCES IN TEXT
That Act, referred to in subsec. (b)(2)(B)(iii), (C)(iii), means
Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, known as
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, which is classified principally to chapter
103 (Sec. 9601 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
9601 of this title and Tables.
The Federal Rules of Civil Procedure, referred to in subsec. (e),
are set out in the Appendix to Title 28, Judiciary and Judicial
Procedure.


-MISC1-
AMENDMENTS
1984 - Subsec. (a). Pub. L. 98-616, Sec. 401(a), (b), designated
existing provisions of subsec. (a)(1) as subpar. (A) thereof,
inserted "prohibition," after "requirement,", added subpar. (B),
and in provisions following par. (2) inserted "or the alleged
endangerment may occur" in first sentence and substituted "to
enforce the permit, standard, regulation, condition, requirement,
prohibition, or order, referred to in paragraph (1)(A), to restrain
any person who has contributed or who is contributing to the past
or present handling, storage, treatment, transportation, or
disposal of any solid or hazardous waste referred to in paragraph
(1)(B), to order such person to take such other action as may be
necessary, or both, or to order the Administrator to perform the
act or duty referred to in paragraph (2), as the case may be, and
to apply any appropriate civil penalties under section 6928(a) and
(g) of this title" for "to enforce such regulation or order, or to
order the Administrator to perform such act or duty as the case may
be".
Subsec. (b). Pub. L. 98-616, Sec. 401(d), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: "No
action may be commenced under paragraph (a)(1) of this section -
"(1) prior to sixty days after the plaintiff has given notice
of the violation (A) to the Administrator; (B) to the State in
which the alleged violation occurs; and (C) to any alleged
violator of such permit, standard, regulation, condition,
requirement, or order; or
"(2) if the Administrator or State has commenced and is
diligently prosecuting a civil or criminal action in a court of
the United States or a State to require compliance with such
permit, standard, regulation, condition, requirement, or order:
Provided, however, That in any such action in a court of the
United States, any person may intervene as a matter of right."
Subsec. (e). Pub. L. 98-616, Sec. 401(e), substituted "to the
prevailing or substantially prevailing party" for "to any party"
and inserted "or section 6976 of this title".
Subsec. (g). Pub. L. 98-616, Sec. 401(c), added subsec. (g).
1978 - Subsec. (c). Pub. L. 95-609, Sec. 7(p)(1), substituted
"subchapter III of this chapter" for "section 212 of this Act."
Subsec. (e). Pub. L. 95-609, Sec. 7(p)(2), substituted "require"
for "requiring".


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-FOOTNOTE-

(!1) So in original. The comma probably should be a semicolon.

(!2) So in original. Probably should be "1980".


-End-



-CITE-
42 USC Sec. 6973 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 6973. Imminent hazard

-STATUTE-
(a) Authority of Administrator
Notwithstanding any other provision of this chapter, upon receipt
of evidence that the past or present handling, storage, treatment,
transportation or disposal of any solid waste or hazardous waste
may present an imminent and substantial endangerment to health or
the environment, the Administrator may bring suit on behalf of the
United States in the appropriate district court against any person
(including any past or present generator, past or present
transporter, or past or present owner or operator of a treatment,
storage, or disposal facility) who has contributed or who is
contributing to such handling, storage, treatment, transportation
or disposal to restrain such person from such handling, storage,
treatment, transportation, or disposal, to order such person to
take such other action as may be necessary, or both. A transporter
shall not be deemed to have contributed or to be contributing to
such handling, storage, treatment, or disposal taking place after
such solid waste or hazardous waste has left the possession or
control of such transporter if the transportation of such waste was
under a sole contractural (!1) arrangement arising from a published
tariff and acceptance for carriage by common carrier by rail and
such transporter has exercised due care in the past or present
handling, storage, treatment, transportation and disposal of such
waste. The Administrator shall provide notice to the affected State
of any such suit. The Administrator may also, after notice to the
affected State, take other action under this section including, but
not limited to, issuing such orders as may be necessary to protect
public health and the environment.

(b) Violations
Any person who willfully violates, or fails or refuses to comply
with, any order of the Administrator under subsection (a) of this
section may, in an action brought in the appropriate United States
district court to enforce such order, be fined not more than $5,000
for each day in which such violation occurs or such failure to
comply continues.
(c) Immediate notice
Upon receipt of information that there is hazardous waste at any
site which has presented an imminent and substantial endangerment
to human health or the environment, the Administrator shall provide
immediate notice to the appropriate local government agencies. In
addition, the Administrator shall require notice of such
endangerment to be promptly posted at the site where the waste is
located.
(d) Public participation in settlements
Whenever the United States or the Administrator proposes to
covenant not to sue or to forbear from suit or to settle any claim
arising under this section, notice, and opportunity for a public
meeting in the affected area, and a reasonable opportunity to
comment on the proposed settlement prior to its final entry shall
be afforded to the public. The decision of the United States or the
Administrator to enter into or not to enter into such Consent
Decree, covenant or agreement shall not constitute a final agency
action subject to judicial review under this chapter or chapter 7
of title 5.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 7003, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2826; amended Pub. L. 95-609, Sec. 7(q),
Nov. 8, 1978, 92 Stat. 3083; Pub. L. 96-482, Sec. 25, Oct. 21,
1980, 94 Stat. 2348; Pub. L. 98-616, title IV, Secs. 402, 403(a),
404, Nov. 8, 1984, 98 Stat. 3271, 3273.)

-COD-
CODIFICATION
In subsec. (d), "chapter 7 of title 5" substituted for "the
Administrative Procedure Act" on authority of Pub. L. 89-554, Sec.
7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which
enacted Title 5, Government Organization and Employees.


-MISC1-
AMENDMENTS
1984 - Subsec. (a). Pub. L. 98-616, Sec. 402, inserted "past or
present" after "evidence that the", substituted "against any person
(including any past or present generator, past or present
transporter, or past or present owner or operator of a treatment,
storage, or disposal facility) who has contributed or, who is" for
"to immediately restrain any person", substituted "to restrain such
person from" for "to stop", substituted ", to order such person to
take such other action as may be necessary, or both" for "or to
take such other action as may be necessary", and inserted "A
transporter shall not be deemed to have contributed or to be
contributing to such handling, storage, treatment, or disposal,
taking place after such solid waste or hazardous waste has left the
possession or control of such transporter, if the transportation of
such waste was under a sole contractural [sic] arrangement arising
from a published tariff and acceptance for carriage by common
carrier by rail and such transporter has exercised due care in the
past or present handling, storage, treatment, transportation and
disposal of such waste."
Subsec. (c). Pub. L. 98-616, Sec. 403(a), added subsec. (c).
Subsec. (d). Pub. L. 98-616, Sec. 404, added subsec. (d).
1980 - Pub. L. 96-482, Sec. 25, designated existing provisions as
subsec. (a), substituted "may present" for "is presenting" and
"such handling, storage, treatment, transportation or disposal" for
"the alleged disposal" and authorized other action to be taken by
the Administrator after notice including issuance of protective
orders relating to public health and the environment, and added
subsec. (b).
1978 - Pub. L. 95-609 struck out "for" after "restrain any
person".


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-FOOTNOTE-
(!1) So in original. Probably should be "contractual".


-End-



-CITE-
42 USC Sec. 6974 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 6974. Petition for regulations; public participation

-STATUTE-
(a) Petition
Any person may petition the Administrator for the promulgation,
amendment, or repeal of any regulation under this chapter. Within a
reasonable time following receipt of such petition, the
Administrator shall take action with respect to such petition and
shall publish notice of such action in the Federal Register,
together with the reasons therefor.
(b) Public participation
(1) Public participation in the development, revision,
implementation, and enforcement of any regulation, guideline,
information, or program under this chapter shall be provided for,
encouraged, and assisted by the Administrator and the States. The
Administrator, in cooperation with the States, shall develop and
publish minimum guidelines for public participation in such
processes.
(2) Before the issuing of a permit to any person with any respect
to any facility for the treatment, storage, or disposal of
hazardous wastes under section 6925 of this title, the
Administrator shall -
(A) cause to be published in major local newspapers of general
circulation and broadcast over local radio stations notice of the
agency's intention to issue such permit, and
(B) transmit in writing notice of the agency's intention to
issue such permit to each unit of local government having
jurisdiction over the area in which such facility is proposed to
be located and to each State agency having any authority under
State law with respect to the construction or operation of such
facility.

If within 45 days the Administrator receives written notice of
opposition to the agency's intention to issue such permit and a
request for a hearing, or if the Administrator determines on his
own initiative, he shall hold an informal public hearing (including
an opportunity for presentation of written and oral views) on
whether he should issue a permit for the proposed facility.
Whenever possible the Administrator shall schedule such hearing at
a location convenient to the nearest population center to such
proposed facility and give notice in the aforementioned manner of
the date, time, and subject matter of such hearing. No State
program which provides for the issuance of permits referred to in
this paragraph may be authorized by the Administrator under section
6926 of this title unless such program provides for the notice and
hearing required by the paragraph.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 7004, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2826; amended Pub. L. 96-482, Sec. 26,
Oct. 21, 1980, 94 Stat. 2348.)


-MISC1-
AMENDMENTS
1980 - Subsec. (b). Pub. L. 96-482 designated existing provisions
as par. (1) and added par. (2).


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6975 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 6975. Separability

-STATUTE-
If any provision of this chapter, or the application of any
provision of this chapter to any person or circumstance, is held
invalid, the application of such provision to other persons or
circumstances, and the remainder of this chapter, shall not be
affected thereby.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 7005, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2827.)

-End-



-CITE-
42 USC Sec. 6976 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 6976. Judicial review

-STATUTE-
(a) Review of final regulations and certain petitions
Any judicial review of final regulations promulgated pursuant to
this chapter and the Administrator's denial of any petition for the
promulgation, amendment, or repeal of any regulation under this
chapter shall be in accordance with sections 701 through 706 of
title 5, except that -
(1) a petition for review of action of the Administrator in
promulgating any regulation, or requirement under this chapter or
denying any petition for the promulgation, amendment or repeal of
any regulation under this chapter may be filed only in the United
States Court of Appeals for the District of Columbia, and such
petition shall be filed within ninety days from the date of such
promulgation or denial, or after such date if such petition for
review is based solely on grounds arising after such ninetieth
day; action of the Administrator with respect to which review
could have been obtained under this subsection shall not be
subject to judicial review in civil or criminal proceedings for
enforcement; and
(2) in any judicial proceeding brought under this section in
which review is sought of a determination under this chapter
required to be made on the record after notice and opportunity
for hearing, if a party seeking review under this chapter applies
to the court for leave to adduce additional evidence, and shows
to the satisfaction of the court that the information is material
and that there were reasonable grounds for the failure to adduce
such evidence in the proceeding before the Administrator, the
court may order such additional evidence (and evidence in
rebuttal thereof) to be taken before the Administrator, and to be
adduced upon the hearing in such manner and upon such terms and
conditions as the court may deem proper; the Administrator may
modify his findings as to the facts, or make new findings, by
reason of the additional evidence so taken, and he shall file
with the court such modified or new findings and his
recommendation, if any, for the modification or setting aside of
his original order, with the return of such additional evidence.
(b) Review of certain actions under sections 6925 and 6926 of this
title
Review of the Administrator's action (1) in issuing, denying,
modifying, or revoking any permit under section 6925 of this title
(or in modifying or revoking any permit which is deemed to have
been issued under section 6935(d)(1) (!1) of this title), or (2) in
granting, denying, or withdrawing authorization or interim
authorization under section 6926 of this title, may be had by any
interested person in the Circuit Court of Appeals of the United
States for the Federal judicial district in which such person
resides or transacts such business upon application by such person.
Any such application shall be made within ninety days from the date
of such issuance, denial, modification, revocation, grant, or
withdrawal, or after such date only if such application is based
solely on grounds which arose after such ninetieth day. Action of
the Administrator with respect to which review could have been
obtained under this subsection shall not be subject to judicial
review in civil or criminal proceedings for enforcement. Such
review shall be in accordance with sections 701 through 706 of
title 5.


-SOURCE-
(Pub. L. 89-272, title II, Sec. 7006, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2827; amended Pub. L. 96-482, Sec. 27,
Oct. 21, 1980, 94 Stat. 2349; Pub. L. 98-616, title II, Sec.
241(b)(1), title IV, Sec. 403(d)(5), Nov. 8, 1984, 98 Stat. 3259,
3273.)

-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.


-MISC1-
AMENDMENTS
1984 - Pub. L. 98-616 inserted "(or in modifying or revoking any
permit which is deemed to have been issued under section 6935(d)(1)
of this title)" and inserted "Action of the Administrator with
respect to which review could have been obtained under this
subsection shall not be subject to judicial review in civil or
criminal proceedings for enforcement."
1980 - Pub. L. 96-482, Sec. 27(a), designated existing provisions
as subsec. (a), in provision preceding par. (1), included judicial
review of Administrator's denial of any petition for promulgation,
amendment, or repeal of any regulation in par. (1), included review
of Administrator's denial of any petition for promulgation,
amendment, or repeal of any regulation, and substituted "District
of Columbia, and" for "District of Columbia. Any", "date of such
promulgation or denial" for "date of such promulgation", "petition
for review is based" for "petition is based", and "; action" for ".
Action", and in par. (2), substituted "proper; the" for "proper.
The", and added subsec. (b).


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
42 USC Sec. 6977 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 6977. Grants or contracts for training projects

-STATUTE-
(a) General authority
The Administrator is authorized to make grants to, and contracts
with any eligible organization. For purposes of this section the
term "eligible organization" means a State or interstate agency, a
municipality, educational institution, and any other organization
which is capable of effectively carrying out a project which may be
funded by grant under subsection (b) of this section.
(b) Purposes
(1) Subject to the provisions of paragraph (2), grants or
contracts may be made to pay all or a part of the costs, as may be
determined by the Administrator, of any project operated or to be
operated by an eligible organization, which is designed -
(A) to develop, expand, or carry out a program (which may
combine training, education, and employment) for training persons
for occupations involving the management, supervision, design,
operation, or maintenance of solid waste management and resource
recovery equipment and facilities; or
(B) to train instructors and supervisory personnel to train or
supervise persons in occupations involving the design, operation,
and maintenance of solid waste management and resource recovery
equipment and facilities.

(2) A grant or contract authorized by paragraph (1) of this
subsection may be made only upon application to the Administrator
at such time or times and containing such information as he may
prescribe, except that no such application shall be approved unless
it provides for the same procedures and reports (and access to such
reports and to other records) as required by section 3254a(b)(4)
and (5) (!1) of this title (as in effect before October 21, 1976)
with respect to applications made under such section (as in effect
before October 21, 1976).


-SOURCE-
(Pub. L. 89-272, title II, Sec. 7007, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2827; amended Pub. L. 95-609, Sec. 7(r),
Nov. 8, 1978, 92 Stat. 3083; Pub. L. 105-362, title V, Sec. 501(f),
Nov. 10, 1998, 112 Stat. 3284.)

-REFTEXT-
REFERENCES IN TEXT
Section 3254a(b)(4) and (5) of this title, referred to in subsec.
(b)(2), was in the original "section 207(b)(4) and (5)", meaning
section 207(b)(4) and (5) of the Solid Waste Disposal Act, which
was omitted in the general revision of the Solid Waste Disposal Act
by Pub. L. 94-580 on Oct. 21, 1976.


-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in
section 3254d of this title, prior to the general amendment of the
Solid Waste Disposal Act by Pub. L. 94-580.

AMENDMENTS
1998 - Subsec. (c). Pub. L. 105-362 struck out heading and text
of subsec. (c) which related to Administrator's study and report on
State and local training needs and obstacles to employment and
occupational advancement in solid waste management and resource
recovery field.
1978 - Subsec. (b)(1). Pub. L. 95-609, Sec. 7(r)(1), (2),
substituted "management" for "disposal" in two places, and
"resource" for "resources".
Subsec. (c)(3). Pub. L. 95-609, Sec. 7(r)(3), substituted
"management" for "disposal".


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
42 USC Sec. 6978 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 6978. Payments

-STATUTE-
(a) General rule
Payments of grants under this chapter may be made (after
necessary adjustment on account of previously made underpayments or
overpayments) in advance or by way of reimbursement, and in such
installments and on such conditions as the Administrator may
determine.
(b) Prohibition
No grant may be made under this chapter to any private
profitmaking organization.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 7008, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2828.)


-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in
section 3258 of this title, prior to the general amendment of the
Solid Waste Disposal Act by Pub. L. 94-580.


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6979 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 6979. Labor standards

-STATUTE-
No grant for a project of construction under this chapter shall
be made unless the Administrator finds that the application
contains or is supported by reasonable assurance that all laborers
and mechanics employed by contractors or subcontractors on projects
of the type covered by sections 3141-3144, 3146, and 3147 of title
40, will be paid wages at rates not less than those prevailing on
similar work in the locality as determined by the Secretary of
Labor in accordance with those sections; and the Secretary of Labor
shall have with respect to the labor standards specified in this
section the authority and functions set forth in Reorganization
Plan Numbered 14 of 1950 (15 F.R. 3176) and section 3145 of title
40.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 7009, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2828; amended Pub. L. 96-482, Sec. 28,
Oct. 21, 1980, 94 Stat. 2349.)

-REFTEXT-
REFERENCES IN TEXT
Reorganization Plan Numbered 14 of 1950, referred to in text, is
set out in the Appendix to Title 5, Government Organization and
Employees.

-COD-
CODIFICATION
In text, "sections 3141-3144, 3146, and 3147 of title 40"
substituted for "the Davis-Bacon Act, as amended (40 U.S.C. 276a -
276a-5)", "those sections" substituted for "that Act", and "section
3145 of title 40" substituted for "section 2 of the Act of June 13,
1934, as amended (40 U.S.C. 276c)", on authority of Pub. L. 107-
217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section
of which enacted Title 40, Public Buildings, Property, and Works.


-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in
section 3256 of this title, prior to the general amendment of the
Solid Waste Disposal Act by Pub. L. 94-580.

AMENDMENTS
1980 - Pub. L. 96-482 substituted "Administrator" for
"Secretary".

-End-



-CITE-
42 USC Sec. 6979a 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 6979a. Transferred

-COD-
CODIFICATION
Section, Pub. L. 89-272, title II, Sec. 7010, as added Pub. L. 98-
616, title IV, Sec. 405(a), Nov. 8, 1984, 98 Stat. 3273; Pub. L.
99-339, title II, Sec. 201(c)(1), June 19, 1986, 100 Stat. 654,
relating to interim control of hazardous waste injection, was
renumbered section 3020 of Pub. L. 89-272 by Pub. L. 99-339, title
II, Sec. 201(c)(2), June 19, 1986, 100 Stat. 654, and transferred
to section 6939b of this title.

-End-



-CITE-
42 USC Sec. 6979b 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-
Sec. 6979b. Law enforcement authority

-STATUTE-
The Attorney General of the United States shall, at the request
of the Administrator and on the basis of a showing of need,
deputize qualified employees of the Environmental Protection Agency
to serve as special deputy United States marshals in criminal
investigations with respect to violations of the criminal
provisions of this chapter.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 7010, formerly Sec. 7012, as added
Pub. L. 98-616, title IV, Sec. 403(b)(1), Nov. 8, 1984, 98 Stat.
3272; renumbered Sec. 7010, Pub. L. 99-339, title II, Sec.
201(c)(2), June 19, 1986, 100 Stat. 654.)


-MISC1-
PRIOR PROVISIONS
A prior section 7010 of Pub. L. 89-272, which was classified to
section 6979a of this title, was renumbered section 3020 and
transferred to section 6939b of this title.

-End-


-CITE-
42 USC SUBCHAPTER VIII - RESEARCH, DEVELOPMENT,
DEMONSTRATION, AND INFORMATION 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
INFORMATION

-HEAD-
SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
INFORMATION

-End-



-CITE-
42 USC Sec. 6981 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
INFORMATION

-HEAD-
Sec. 6981. Research, demonstration, training, and other activities

-STATUTE-
(a) General authority
The Administrator, alone or after consultation with the Secretary
of Energy, shall conduct, and encourage, cooperate with, and render
financial and other assistance to appropriate public (whether
Federal, State, interstate, or local) authorities, agencies, and
institutions, private agencies and institutions, and individuals in
the conduct of, and promote the coordination of, research,
investigations, experiments, training, demonstrations, surveys,
public education programs, and studies relating to -
(1) any adverse health and welfare effects of the release into
the environment of material present in solid waste, and methods
to eliminate such effects;
(2) the operation and financing of solid waste management
programs;
(3) the planning, implementation, and operation of resource
recovery and resource conservation systems and hazardous waste
management systems, including the marketing of recovered
resources;
(4) the production of usable forms of recovered resources,
including fuel, from solid waste;
(5) the reduction of the amount of such waste and unsalvageable
waste materials;
(6) the development and application of new and improved methods
of collecting and disposing of solid waste and processing and
recovering materials and energy from solid wastes;
(7) the identification of solid waste components and potential
materials and energy recoverable from such waste components;
(8) small scale and low technology solid waste management
systems, including but not limited to, resource recovery source
separation systems;
(9) methods to improve the performance characteristics of
resources recovered from solid waste and the relationship of such
performance characteristics to available and potentially
available markets for such resources;
(10) improvements in land disposal practices for solid waste
(including sludge) which may reduce the adverse environmental
effects of such disposal and other aspects of solid waste
disposal on land, including means for reducing the harmful
environmental effects of earlier and existing landfills, means
for restoring areas damaged by such earlier or existing
landfills, means for rendering landfills safe for purposes of
construction and other uses, and techniques of recovering
materials and energy from landfills;
(11) methods for the sound disposal of, or recovery of
resources, including energy, from, sludge (including sludge from
pollution control and treatment facilities, coal slurry
pipelines, and other sources);
(12) methods of hazardous waste management, including methods
of rendering such waste environmentally safe; and
(13) any adverse effects on air quality (particularly with
regard to the emission of heavy metals) which result from solid
waste which is burned (either alone or in conjunction with other
substances) for purposes of treatment, disposal or energy
recovery.
(b) Management program
(1)(A) In carrying out his functions pursuant to this chapter,
and any other Federal legislation respecting solid waste or
discarded material research, development, and demonstrations, the
Administrator shall establish a management program or system to
insure the coordination of all such activities and to facilitate
and accelerate the process of development of sound new technology
(or other discoveries) from the research phase, through
development, and into the demonstration phase.
(B) The Administrator shall (i) assist, on the basis of any
research projects which are developed with assistance under this
chapter or without Federal assistance, the construction of pilot
plant facilities for the purpose of investigating or testing the
technological feasibility of any promising new fuel, energy, or
resource recovery or resource conservation method or technology;
and (ii) demonstrate each such method and technology that appears
justified by an evaluation at such pilot plant stage or at a pilot
plant stage developed without Federal assistance. Each such
demonstration shall incorporate new or innovative technical
advances or shall apply such advances to different circumstances
and conditions, for the purpose of evaluating design concepts or to
test the performance, efficiency, and economic feasibility of a
particular method or technology under actual operating conditions.
Each such demonstration shall be so planned and designed that, if
successful, it can be expanded or utilized directly as a full-scale
operational fuel, energy, or resource recovery or resource
conservation facility.
(2) Any energy-related research, development, or demonstration
project for the conversion including bioconversion, of solid waste
carried out by the Environmental Protection Agency or by the
Secretary of Energy pursuant to this chapter or any other Act shall
be administered in accordance with the May 7, 1976, Interagency
Agreement between the Environmental Protection Agency and the
Energy Research and Development Administration on the Development
of Energy from Solid Wastes and specifically, that in accordance
with this agreement, (A) for those energy-related projects of
mutual interest, planning will be conducted jointly by the
Environmental Protection Agency and the Secretary of Energy,
following which project responsibility will be assigned to one
agency; (B) energy-related portions of projects for recovery of
synthetic fuels or other forms of energy from solid waste shall be
the responsibility of the Secretary of Energy; (C) the
Environmental Protection Agency shall retain responsibility for the
environmental, economic, and institutional aspects of solid waste
projects and for assurance that such projects are consistent with
any applicable suggested guidelines published pursuant to section
6907 of this title, and any applicable State or regional solid
waste management plan; and (D) any activities undertaken under
provisions of sections 6982 and 6983 of this title as related to
energy; as related to energy or synthetic fuels recovery from
waste; or as related to energy conservation shall be accomplished
through coordination and consultation with the Secretary of Energy.
(c) Authorities
(1) In carrying out subsection (a) of this section respecting
solid waste research, studies, development, and demonstration,
except as otherwise specifically provided in section 6984(d) of
this title, the Administrator may make grants to or enter into
contracts (including contracts for construction) with, public
agencies and authorities or private persons.
(2) Contracts for research, development, or demonstrations or for
both (including contracts for construction) shall be made in
accordance with and subject to the limitations provided with
respect to research contracts of the military departments in
section 2353 of title 10, except that the determination, approval,
and certification required thereby shall be made by the
Administrator.
(3) Any invention made or conceived in the course of, or under,
any contract under this chapter shall be subject to section 9 of
the Federal Nonnuclear Energy Research and Development Act of 1974
[42 U.S.C. 5908] to the same extent and in the same manner as
inventions made or conceived in the course of contracts under such
Act [42 U.S.C. 5901 et seq.], except that in applying such section,
the Environmental Protection Agency shall be substituted for the
Secretary of Energy and the words "solid waste" shall be
substituted for the word "energy" where appropriate.
(4) For carrying out the purpose of this chapter the
Administrator may detail personnel of the Environmental Protection
Agency to agencies eligible for assistance under this section.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 8001, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2829; amended Pub. L. 95-91, title III,
Sec. 301, title VII, Secs. 703, 707, Aug. 4, 1977, 91 Stat. 577,
606, 607; Pub. L. 95-609, Sec. 7(s), Nov. 8, 1978, 92 Stat. 3083.)

-REFTEXT-
REFERENCES IN TEXT
Such Act, referred to in subsec. (c)(3), means the Federal
Nonnuclear Energy Research and Development Act of 1974, Pub. L. 93-
577, Dec. 31, 1974, 88 Stat. 1878, as amended, which is classified
generally to chapter 74 (Sec. 5901 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title
note set out under section 5901 of this title and Tables.


-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in
section 3253 of this title, prior to the general amendment of the
Solid Waste Disposal Act by Pub. L. 94-580.

AMENDMENTS
1978 - Subsec. (a)(2). Pub. L. 95-609, Sec. 7(s)(1), substituted
"management" for "disposal".
Subsec. (a)(13). Pub. L. 95-609, Sec. 7(s)(2), inserted
"treatment," after "for purpose of".


-TRANS-
TRANSFER OF FUNCTIONS
"Secretary of Energy" was substituted for "Administrator of the
Federal Energy Administration, the Administrator of the Energy
Research and Development Administration, or the Chairman of the
Federal Power Commission" in subsec. (a), and for "Energy Research
and Development Administration" in subsecs. (b)(2) and (c)(3), in
view of the termination of the Federal Energy Administration, the
Energy Research and Development Administration, and the Federal
Power Commission and the transfer of their functions and the
functions of the Administrators and Chairman thereof (with certain
exceptions) to the Secretary of Energy pursuant to sections 301,
703, and 707 of Pub. L. 95-91, which are classified to sections
7151, 7293, and 7297 of this title.
For transfer of certain enforcement functions of Administrator or
other official of Environmental Protection Agency under this
chapter to Federal Inspector, Office of Federal Inspector for the
Alaska Natural Gas Transportation System, and subsequent transfer
to Secretary of Energy, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.


-MISC2-
EPA STUDY OF METHODS TO REDUCE PLASTIC POLLUTION
Pub. L. 100-220, title II, Sec. 2202, Dec. 29, 1987, 101 Stat.
1465, directed Administrator of Environmental Protection Agency, in
consultation with Secretary of Commerce, to conduct a study of the
adverse effects of improper disposal of plastic articles on
environment and on waste disposal, and various methods to reduce or
eliminate such adverse effects, and directed Administrator, within
18 months after Dec. 29, 1987, to report results of this study to
Congress.

NATIONAL ADVISORY COMMISSION ON RESOURCE CONSERVATION AND RECOVERY
Pub. L. 96-482, Sec. 33, Oct. 21, 1980, 94 Stat. 2356, as amended
by Pub. L. 105-362, title V, Sec. 501(g), Nov. 10, 1998, 112 Stat.
3284, provided for establishment, membership, functions, etc., of a
National Advisory Commission on Resource Conservation and Recovery,
directed Commission, upon expiration of the two-year period
beginning on the date when all initial members of the Commission
have been appointed or the date initial funds become available,
whichever is later, to transmit a final report to President and
Congress containing a detailed statement of the findings and
conclusions of the Commission, and terminated the Commission 30
days after submission of its final report.

SOLID WASTE CLEANUP ON FEDERAL LANDS IN ALASKA; STUDY AND REPORT TO
CONGRESSIONAL COMMITTEES
Section 3 of Pub. L. 94-580 provided for a study of procedures
for removal of solid waste from Federal lands in Alaska and
submission of a Presidential Report to the Senate Committee on
Public Lands and House Committee on Interstate and Foreign Commerce
no later than one year after Oct. 21, 1976, and implementing
recommendations to such committees within six months thereafter,
prior to repeal by Pub. L. 96-482, Sec. 30, Oct. 21, 1980, 94 Stat.
2352.

LEACHATE CONTROL RESEARCH PROGRAM IN DELAWARE
Section 4 of Pub. L. 94-580 directed Administrator of
Environmental Protection Agency, in order to demonstrate effective
means of dealing with contamination of public water supplies by
leachate from abandoned or other landfills, to provide technical
and financial assistance for a research program, designed by New
Castle County areawide waste treatment management program, to
control leachate from Llangollen Landfill in New Castle County,
Delaware, and provided up to $250,000 in each of the fiscal years
1978 and 1979 for the operating costs of a counter-pumping program
to contain the leachate from the Llangollen Landfill during the
period of this study.

-End-



-CITE-
42 USC Sec. 6982 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
INFORMATION

-HEAD-
Sec. 6982. Special studies; plans for research, development, and
demonstrations

-STATUTE-
(a) Glass and plastic
The Administrator shall undertake a study and publish a report on
resource recovery from glass and plastic waste, including a
scientific, technological, and economic investigation of potential
solutions to implement such recovery.
(b) Composition of waste stream
The Administrator shall undertake a systematic study of the
composition of the solid waste stream and of anticipated future
changes in the composition of such stream and shall publish a
report containing the results of such study and quantitatively
evaluating the potential utility of such components.
(c) Priorities study
For purposes of determining priorities for research on recovery
of materials and energy from solid waste and developing materials
and energy recovery research, development, and demonstration
strategies, the Administrator shall review, and make a study of,
the various existing and promising techniques of energy recovery
from solid waste (including, but not limited to, waterwall furnace
incinerators, dry shredded fuel systems, pyrolysis, densified
refuse-derived fuel systems, anerobic digestion, and fuel and
feedstock preparation systems). In carrying out such study the
Administrator shall investigate with respect to each such technique
-
(1) the degree of public need for the potential results of such
research, development, or demonstration,
(2) the potential for research, development, and demonstration
without Federal action, including the degree of restraint on such
potential posed by the risks involved, and
(3) the magnitude of effort and period of time necessary to
develop the technology to the point where Federal assistance can
be ended.
(d) Small-scale and low technology study
The Administrator shall undertake a comprehensive study and
analysis of, and publish a report on, systems of small-scale and
low technology solid waste management, including household resource
recovery and resource recovery systems which have special
application to multiple dwelling units and high density housing and
office complexes. Such study and analysis shall include an
investigation of the degree to which such systems could contribute
to energy conservation.
(e) Front-end source separation
The Administrator shall undertake research and studies concerning
the compatibility of front-end source separation systems with high
technology resource recovery systems and shall publish a report
containing the results of such research and studies.
(f) Mining waste
The Administrator, in consultation with the Secretary of the
Interior, shall conduct a detailed and comprehensive study on the
adverse effects of solid wastes from active and abandoned surface
and underground mines on the environment, including, but not
limited to, the effects of such wastes on humans, water, air,
health, welfare, and natural resources, and on the adequacy of
means and measures currently employed by the mining industry,
Government agencies, and others to dispose of and utilize such
solid wastes and to prevent or substantially mitigate such adverse
effects. Such study shall include an analysis of -
(1) the sources and volume of discarded material generated per
year from mining;
(2) present disposal practices;
(3) potential dangers to human health and the environment from
surface runoff of leachate and air pollution by dust;
(4) alternatives to current disposal methods;
(5) the cost of those alternatives in terms of the impact on
mine product costs; and
(6) potential for use of discarded material as a secondary
source of the mine product.

In furtherance of this study, the Administrator shall, as he deems
appropriate, review studies and other actions of other Federal
agencies concerning such wastes with a view toward avoiding
duplication of effort and the need to expedite such study. Not
later than thirty-six months after October 21, 1980, the
Administrator shall publish a report of such study and shall
include appropriate findings and recommendations for Federal and
non-Federal actions concerning such effects. Such report shall be
submitted to the Committee on Environment and Public Works of the
United States Senate and the Committee on Energy and Commerce of
the United States House of Representatives.
(g) Sludge
The Administrator shall undertake a comprehensive study and
publish a report on sludge. Such study shall include an analysis of
-
(1) what types of solid waste (including but not limited to
sewage and pollution treatment residues and other residues from
industrial operations such as extraction of oil from shale,
liquefaction and gasification of coal and coal slurry pipeline
operations) shall be classified as sludge;
(2) the effects of air and water pollution legislation on the
creation of large volumes of sludge;
(3) the amounts of sludge originating in each State and in each
industry producing sludge;
(4) methods of disposal of such sludge, including the cost,
efficiency, and effectiveness of such methods;
(5) alternative methods for the use of sludge, including
agricultural applications of sludge and energy recovery from
sludge; and
(6) methods to reclaim areas which have been used for the
disposal of sludge or which have been damaged by sludge.
(h) Tires
The Administrator shall undertake a study and publish a report
respecting discarded motor vehicle tires which shall include an
analysis of the problems involved in the collection, recovery of
resources including energy, and use of such tires.
(i) Resource recovery facilities
The Administrator shall conduct research and report on the
economics of, and impediments, to the effective functioning of
resource recovery facilities.
(j) Resource Conservation Committee
(1) The Administrator shall serve as Chairman of a Committee
composed of himself, the Secretary of Commerce, the Secretary of
Labor, the Chairman of the Council on Environmental Quality, the
Secretary of Treasury, the Secretary of the Interior, the Secretary
of Energy, the Chairman of the Council of Economic Advisors, and a
representative of the Office of Management and Budget, which shall
conduct a full and complete investigation and study of all aspects
of the economic, social, and environmental consequences of resource
conservation with respect to -
(A) the appropriateness of recommended incentives and
disincentives to foster resource conservation;
(B) the effect of existing public policies (including subsidies
and economic incentives and disincentives, percentage depletion
allowances, capital gains treatment and other tax incentives and
disincentives) upon resource conservation, and the likely effect
of the modification or elimination of such incentives and
disincentives upon resource conservation;
(C) the appropriateness and feasibility of restricting the
manufacture or use of categories of consumer products as a
resource conservation strategy;
(D) the appropriateness and feasibility of employing as a
resource conservation strategy the imposition of solid waste
management charges on consumer products, which charges would
reflect the costs of solid waste management services, litter
pickup, the value of recoverable components of such product,
final disposal, and any social value associated with the
nonrecycling or uncontrolled disposal of such product; and
(E) the need for further research, development, and
demonstration in the area of resource conservation.

(2) The study required in paragraph (1)(D) may include pilot
scale projects, and shall consider and evaluate alternative
strategies with respect to -
(A) the product categories on which such charges would be
imposed;
(B) the appropriate state in the production of such consumer
product at which to levy such charge;
(C) appropriate criteria for establishing such charges for each
consumer product category;
(D) methods for the adjustment of such charges to reflect
actions such as recycling which would reduce the overall
quantities of solid waste requiring disposal; and
(E) procedures for amending, modifying, or revising such
charges to reflect changing conditions.

(3) The design for the study required in paragraph (1) of this
subsection shall include timetables for the completion of the
study. A preliminary report putting forth the study design shall be
sent to the President and the Congress within six months following
October 21, 1976, and followup reports shall be sent six months
thereafter. Each recommendation resulting from the study shall
include at least two alternatives to the proposed recommendation.
(4) The results of such investigation and study, including
recommendations, shall be reported to the President and the
Congress not later than two years after October 21, 1976.
(5) There are authorized to be appropriated not to exceed
$2,000,000 to carry out this subsection.
(k) Airport landfills
The Administrator shall undertake a comprehensive study and
analysis of and publish a report on systems to alleviate the
hazards to aviation from birds congregating and feeding on
landfills in the vicinity of airports.
(l) Completion of research and studies
The Administrator shall complete the research and studies, and
submit the reports, required under subsections (b), (c), (d), (e),
(f), (g), and (k) of this section not later than October 1, 1978.
The Administrator shall complete the research and studies, and
submit the reports, required under subsections (a), (h), and (i) of
this section not later than October 1, 1979. Upon completion, each
study specified in subsections (a) through (k) of this section, the
Administrator shall prepare a plan for research, development, and
demonstration respecting the findings of the study and shall submit
any legislative recommendations resulting from such study to
appropriate committees of Congress.
(m) Drilling fluids, produced waters, and other wastes associated
with the exploration, development, or production of crude oil or
natural gas or geothermal energy
(1) The Administrator shall conduct a detailed and comprehensive
study and submit a report on the adverse effects, if any, of
drilling fluids, produced waters, and other wastes associated with
the exploration, development, or production of crude oil or natural
gas or geothermal energy on human health and the environment,
including, but not limited to, the effects of such wastes on
humans, water, air, health, welfare, and natural resources and on
the adequacy of means and measures currently employed by the oil
and gas and geothermal drilling and production industry, Government
agencies, and others to dispose of and utilize such wastes and to
prevent or substantially mitigate such adverse effects. Such study
shall include an analysis of -
(A) the sources and volume of discarded material generated per
year from such wastes;
(B) present disposal practices;
(C) potential danger to human health and the environment from
the surface runoff or leachate;
(D) documented cases which prove or have caused danger to human
health and the environment from surface runoff or leachate;
(E) alternatives to current disposal methods;
(F) the cost of such alternatives; and
(G) the impact of those alternatives on the exploration for,
and development and production of, crude oil and natural gas or
geothermal energy.

In furtherance of this study, the Administrator shall, as he deems
appropriate, review studies and other actions of other Federal
agencies concerning such wastes with a view toward avoiding
duplication of effort and the need to expedite such study. The
Administrator shall publish a report of such study and shall
include appropriate findings and recommendations for Federal and
non-Federal actions concerning such effects.
(2) The Administrator shall complete the research and study and
submit the report required under paragraph (1) not later than
twenty-four months from October 21, 1980. Upon completion of the
study, the Administrator shall prepare a summary of the findings of
the study, a plan for research, development, and demonstration
respecting the findings of the study, and shall submit the findings
and the study, along with any recommendations resulting from such
study, to the Committee on Environment and Public Works of the
United States Senate and the Committee on Energy and Commerce of
the United States House of Representatives.
(3) There are authorized to be appropriated not to exceed
$1,000,000 to carry out the provisions of this subsection.
(n) Materials generated from the combustion of coal and other
fossil fuels
The Administrator shall conduct a detailed and comprehensive
study and submit a report on the adverse effects on human health
and the environment, if any, of the disposal and utilization of fly
ash waste, bottom ash waste, slag waste, flue gas emission control
waste, and other byproduct materials generated primarily from the
combustion of coal or other fossil fuels. Such study shall include
an analysis of -
(1) the source and volumes of such material generated per year;
(2) present disposal and utilization practices;
(3) potential danger, if any, to human health and the
environment from the disposal and reuse of such materials;
(4) documented cases in which danger to human health or the
environment from surface runoff or leachate has been proved;
(5) alternatives to current disposal methods;
(6) the costs of such alternatives;
(7) the impact of those alternatives on the use of coal and
other natural resources; and
(8) the current and potential utilization of such materials.

In furtherance of this study, the Administrator shall, as he deems
appropriate, review studies and other actions of other Federal and
State agencies concerning such material and invite participation by
other concerned parties, including industry and other Federal and
State agencies, with a view toward avoiding duplication of effort.
The Administrator shall publish a report on such study, which shall
include appropriate findings, not later than twenty-four months
after October 21, 1980. Such study and findings shall be submitted
to the Committee on Environment and Public Works of the United
States Senate and the Committee on Energy and Commerce of the
United States House of Representatives.
(o) Cement kiln dust waste
The Administrator shall conduct a detailed and comprehensive
study of the adverse effects on human health and the environment,
if any, of the disposal of cement kiln dust waste. Such study shall
include an analysis of -
(1) the source and volumes of such materials generated per
year;
(2) present disposal practices;
(3) potential danger, if any, to human health and the
environment from the disposal of such materials;
(4) documented cases in which danger to human health or the
environment has been proved;
(5) alternatives to current disposal methods;
(6) the costs of such alternatives;
(7) the impact of those alternatives on the use of natural
resources; and
(8) the current and potential utilization of such materials.

In furtherance of this study, the Administrator shall, as he deems
appropriate, review studies and other actions of other Federal and
State agencies concerning such waste or materials and invite
participation by other concerned parties, including industry and
other Federal and State agencies, with a view toward avoiding
duplication of effort. The Administrator shall publish a report of
such study, which shall include appropriate findings, not later
than thirty-six months after October 21, 1980. Such report shall be
submitted to the Committee on Environment and Public Works of the
United States Senate and the Committee on Energy and Commerce of
the United States House of Representatives.
(p) Materials generated from extraction, beneficiation, and
processing of ores and minerals, including phosphate rock and
overburden from uranium mining
The Administrator shall conduct a detailed and comprehensive
study on the adverse effects on human health and the environment,
if any, of the disposal and utilization of solid waste from the
extraction, beneficiation, and processing of ores and minerals,
including phosphate rock and overburden from uranium mining. Such
study shall be conducted in conjunction with the study of mining
wastes required by subsection (f) of this section and shall include
an analysis of -
(1) the source and volumes of such materials generated per
year;
(2) present disposal and utilization practices;
(3) potential danger, if any, to human health and the
environment from the disposal and reuse of such materials;
(4) documented cases in which danger to human health or the
environment has been proved;
(5) alternatives to current disposal methods;
(6) the costs of such alternatives;
(7) the impact of those alternatives on the use of phosphate
rock and uranium ore, and other natural resources; and
(8) the current and potential utilization of such materials.

In furtherance of this study, the Administrator shall, as he deems
appropriate, review studies and other actions of other Federal and
State agencies concerning such waste or materials and invite
participation by other concerned parties, including industry and
other Federal and State agencies, with a view toward avoiding
duplication of effort. The Administrator shall publish a report of
such study, which shall include appropriate findings, in
conjunction with the publication of the report of the study of
mining wastes required to be conducted under subsection (f) of this
section. Such report and findings shall be submitted to the
Committee on Environment and Public Works of the United States
Senate and the Committee on Energy and Commerce of the United
States House of Representatives.
(q) Authorization of appropriations
There are authorized to be appropriated not to exceed $8,000,000
for the fiscal years 1978 and 1979 to carry out this section other
than subsection (j) of this section.
(r) Minimization of hazardous waste
The Administrator shall compile, and not later than October 1,
1986, submit to the Congress, a report on the feasibility and
desirability of establishing standards of performance or of taking
other additional actions under this chapter to require the
generators of hazardous waste to reduce the volume or quantity and
toxicity of the hazardous waste they generate, and of establishing
with respect to hazardous wastes required management practices or
other requirements to assure such wastes are managed in ways that
minimize present and future risks to human health and the
environment. Such report shall include any recommendations for
legislative changes which the Administrator determines are feasible
and desirable to implement the national policy established by
section 6902 of this title.
(s) Extending landfill life and reusing landfilled areas
The Administrator shall conduct detailed, comprehensive studies
of methods to extend the useful life of sanitary landfills and to
better use sites in which filled or closed landfills are located.
Such studies shall address -
(1) methods to reduce the volume of materials before placement
in landfills;
(2) more efficient systems for depositing waste in landfills;
(3) methods to enhance the rate of decomposition of solid waste
in landfills, in a safe and environmentally acceptable manner;
(4) methane production from closed landfill units;
(5) innovative uses of closed landfill sites, including use for
energy production such as solar or wind energy and use for metals
recovery;
(6) potential for use of sewage treatment sludge in reclaiming
landfilled areas; and
(7) methods to coordinate use of a landfill owned by one
municipality by nearby municipalities, and to establish equitable
rates for such use, taking into account the need to provide
future landfill capacity to replace that so used.

The Administrator is authorized to conduct demonstrations in the
areas of study provided in this subsection. The Administrator shall
periodically report on the results of such studies, with the first
such report not later than October 1, 1986. In carrying out this
subsection, the Administrator need not duplicate other studies
which have been completed and may rely upon information which has
previously been compiled.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 8002, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2831; amended Pub. L. 95-609, Sec. 7(t),
Nov. 8, 1978, 92 Stat. 3083; H. Res. 549, Mar. 25, 1980; Pub. L. 96-
482, Sec. 29, Oct. 21, 1980, 94 Stat. 2349; Pub. L. 98-616, title
II, Sec. 224(c), title VII, Sec. 702, Nov. 8, 1984, 98 Stat. 3253,
3289.)


-MISC1-
AMENDMENTS
1984 - Subsec. (r). Pub. L. 98-616, Sec. 224(c), added subsec.
(r).
Subsec. (s). Pub. L. 98-616, Sec. 702, added subsec. (s).
1980 - Subsec. (f). Pub. L. 96-482, Sec. 29(1), required
publication of report no later than thirty-six months after Oct.
21, 1980, and its submission to Senate Committee on Environment and
Public Works and House Committee on Energy and Commerce.
Subsecs. (m) to (q). Pub. L. 96-482, Sec. 29(2), added subsecs.
(m) to (p) and redesignated former subsec. (m) as (q).
1978 - Subsec. (g)(1). Pub. L. 95-609, Sec. 7(t)(1), substituted
"shale, liquefaction" for "shale liquefaction".
Subsec. (j)(1). Pub. L. 95-609, Sec. 7(t)(2), enacted a provision
adding the Secretary of Energy and the Chairman of the Council of
Economic Advisors to the Committee.
Subsec. (j)(2). Pub. L. 95-609, Sec. 7(t)(3), substituted
"paragraph (1)(D)" for "paragraph (2)(D)".
Subsec. (j)(3). Pub. L. 95-609, Sec. 7(t)(4), substituted
"paragraph (1)" for "paragraph (2)(D)".
Subsec. (l). Pub. L. 95-609, Sec. 7(t)(5), struck out requirement
of submission of reports under subsec. (j) of this section.

-CHANGE-
CHANGE OF NAME
Committee on Interstate and Foreign Commerce of the House of
Representatives changed to Committee on Energy and Commerce
immediately prior to noon on Jan. 3, 1981, by House Resolution No.
549, Ninety-sixth Congress, Mar. 25, 1980. 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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6983 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
INFORMATION

-HEAD-
Sec. 6983. Coordination, collection, and dissemination of
information

-STATUTE-
(a) Information
The Administrator shall develop, collect, evaluate, and
coordinate information on -
(1) methods and costs of the collection of solid waste;
(2) solid waste management practices, including data on the
different management methods and the cost, operation, and
maintenance of such methods;
(3) the amounts and percentages of resources (including energy)
that can be recovered from solid waste by use of various solid
waste management practices and various technologies;
(4) methods available to reduce the amount of solid waste that
is generated;
(5) existing and developing technologies for the recovery of
energy or materials from solid waste and the costs, reliability,
and risks associated with such technologies;
(6) hazardous solid waste, including incidents of damage
resulting from the disposal of hazardous solid wastes; inherently
and potentially hazardous solid wastes; methods of neutralizing
or properly disposing of hazardous solid wastes; facilities that
properly dispose of hazardous wastes;
(7) methods of financing resource recovery facilities or,
sanitary landfills, or hazardous solid waste treatment
facilities, whichever is appropriate for the entity developing
such facility or landfill (taking into account the amount of
solid waste reasonably expected to be available to such entity);
(8) the availability of markets for the purchase of resources,
either materials or energy, recovered from solid waste; and
(9) research and development projects respecting solid waste
management.
(b) Library
(1) The Administrator shall establish and maintain a central
reference library for (A) the materials collected pursuant to
subsection (a) of this section and (B) the actual performance and
cost effectiveness records and other data and information with
respect to -
(i) the various methods of energy and resource recovery from
solid waste,
(ii) the various systems and means of resource conservation,
(iii) the various systems and technologies for collection,
transport, storage, treatment, and final disposition of solid
waste, and
(iv) other aspects of solid waste and hazardous solid waste
management.

Such central reference library shall also contain, but not be
limited to, the model codes and model accounting systems developed
under this section, the information collected under subsection (d)
of this section, and, subject to any applicable requirements of
confidentiality, information respecting any aspect of solid waste
provided by officers and employees of the Environmental Protection
Agency which has been acquired by them in the conduct of their
functions under this chapter and which may be of value to Federal,
State, and local authorities and other persons.
(2) Information in the central reference library shall, to the
extent practicable, be collated, analyzed, verified, and published
and shall be made available to State and local governments and
other persons at reasonable times and subject to such reasonable
charges as may be necessary to defray expenses of making such
information available.
(c) Model accounting system
In order to assist State and local governments in determining the
cost and revenues associated with the collection and disposal of
solid waste and with resource recovery operations, the
Administrator shall develop and publish a recommended model cost
and revenue accounting system applicable to the solid waste
management functions of State and local governments. Such system
shall be in accordance with generally accepted accounting
principles. The Administrator shall periodically, but not less
frequently than once every five years, review such accounting
system and revise it as necessary.
(d) Model codes
The Administrator is authorized, in cooperation with appropriate
State and local agencies, to recommend model codes, ordinances, and
statutes, providing for sound solid waste management.
(e) Information programs
(1) The Administrator shall implement a program for the rapid
dissemination of information on solid waste management, hazardous
waste management, resource conservation, and methods of resource
recovery from solid waste, including the results of any relevant
research, investigations, experiments, surveys, studies, or other
information which may be useful in the implementation of new or
improved solid waste management practices and methods and
information on any other technical, managerial, financial, or
market aspect of resource conservation and recovery facilities.
(2) The Administrator shall develop and implement educational
programs to promote citizen understanding of the need for
environmentally sound solid waste management practices.
(f) Coordination
In collecting and disseminating information under this section,
the Administrator shall coordinate his actions and cooperate to the
maximum extent possible with State and local authorities.
(g) Special restriction
Upon request, the full range of alternative technologies,
programs or processes deemed feasible to meet the resource recovery
or resource conservation needs of a jurisdiction shall be described
in such a manner as to provide a sufficient evaluative basis from
which the jurisdiction can make its decisions, but no officer or
employee of the Environmental Protection Agency shall, in an
official capacity, lobby for or otherwise represent an agency
position in favor of resource recovery or resource conservation, as
a policy alternative for adoption into ordinances, codes,
regulations, or law by any State or political subdivision thereof.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 8003, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2834; amended Pub. L. 95-609, Sec. 7(u),
Nov. 8, 1978, 92 Stat. 3083.)


-MISC1-
AMENDMENTS
1978 - Subsec. (a)(3). Pub. L. 95-609 substituted "solid waste"
for "discarded materials".


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6984 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
INFORMATION

-HEAD-
Sec. 6984. Full-scale demonstration facilities

-STATUTE-
(a) Authority
The Administrator may enter into contracts with public agencies
or authorities or private persons for the construction and
operation of a full-scale demonstration facility under this
chapter, or provide financial assistance in the form of grants to a
full-scale demonstration facility under this chapter only if the
Administrator finds that -
(1) such facility or proposed facility will demonstrate at full
scale a new or significantly improved technology or process, a
practical and significant improvement in solid waste management
practice, or the technological feasibility and cost effectiveness
of an existing, but unproven technology, process, or practice,
and will not duplicate any other Federal, State, local, or
commercial facility which has been constructed or with respect to
which construction has begun (determined as of the date action is
taken by the Administrator under this chapter),
(2) such contract or assistance meets the requirements of
section 6981 of this title and meets other applicable
requirements of this chapter,
(3) such facility will be able to comply with the guidelines
published under section 6907 of this title and with other laws
and regulations for the protection of health and the environment,
(4) in the case of a contract for construction or operation,
such facility is not likely to be constructed or operated by
State, local, or private persons or in the case of an application
for financial assistance, such facility is not likely to receive
adequate financial assistance from other sources, and
(5) any Federal interest in, or assistance to, such facility
will be disposed of or terminated, with appropriate compensation,
within such period of time as may be necessary to carry out the
basic objectives of this chapter.
(b) Time limitation
No obligation may be made by the Administrator for financial
assistance under this subchapter for any full-scale demonstration
facility after the date ten years after October 21, 1976. No
expenditure of funds for any such full-scale demonstration facility
under this subchapter may be made by the Administrator after the
date fourteen years after October 21, 1976.
(c) Cost sharing
(1) Wherever practicable, in constructing, operating, or
providing financial assistance under this subchapter to a full-
scale demonstration facility, the Administrator shall endeavor to
enter into agreements and make other arrangements for maximum
practicable cost sharing with other Federal, State, and local
agencies, private persons, or any combination thereof.
(2) The Administrator shall enter into arrangements, wherever
practicable and desirable, to provide monitoring of full-scale
solid waste facilities (whether or not constructed or operated
under this chapter) for purposes of obtaining information
concerning the performance, and other aspects, of such facilities.
Where the Administrator provides only monitoring and evaluation
instruments or personnel (or both) or funds for such instruments or
personnel and provides no other financial assistance to a facility,
notwithstanding section 6981(c)(3) of this title, title to any
invention made or conceived of in the course of developing,
constructing, or operating such facility shall not be required to
vest in the United States and patents respecting such invention
shall not be required to be issued to the United States.
(d) Prohibition
After October 21, 1976, the Administrator shall not construct or
operate any full-scale facility (except by contract with public
agencies or authorities or private persons).

-SOURCE-
(Pub. L. 89-272, title II, Sec. 8004, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2836; amended Pub. L. 95-609, Sec. 7(v),
Nov. 8, 1978, 92 Stat. 3084; Pub. L. 98-616, title V, Sec. 502(f),
Nov. 8, 1984, 98 Stat. 3276.)


-MISC1-
AMENDMENTS
1984 - Subsec. (c)(1). Pub. L. 98-616 inserted "(1)" before
"Wherever".
1978 - Subsec. (a)(1). Pub. L. 95-609 substituted "solid waste"
for "discarded material".


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6985 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
INFORMATION

-HEAD-
Sec. 6985. Special study and demonstration projects on recovery of
useful energy and materials

-STATUTE-
(a) Studies
The Administrator shall conduct studies and develop
recommendations for administrative or legislative action on -
(1) means of recovering materials and energy from solid waste,
recommended uses of such materials and energy for national or
international welfare, including identification of potential
markets for such recovered resources, the impact of distribution
of such resources on existing markets, and potentials for energy
conservation through resource conservation and resource recovery;
(2) actions to reduce waste generation which have been taken
voluntarily or in response to governmental action, and those
which practically could be taken in the future, and the economic,
social, and environmental consequences of such actions;
(3) methods of collection, separation, and containerization
which will encourage efficient utilization of facilities and
contribute to more effective programs of reduction, reuse, or
disposal of wastes;
(4) the use of Federal procurement to develop market demand for
recovered resources;
(5) recommended incentives (including Federal grants, loans,
and other assistance) and disincentives to accelerate the
reclamation or recycling of materials from solid wastes, with
special emphasis on motor vehicle hulks;
(6) the effect of existing public policies, including subsidies
and economic incentives and disincentives, percentage depletion
allowances, capital gains treatment and other tax incentives and
disincentives, upon the recycling and reuse of materials, and the
likely effect of the modification or elimination of such
incentives and disincentives upon the reuse, recycling and
conservation of such materials;
(7) the necessity and method of imposing disposal or other
charges on packaging, containers, vehicles, and other
manufactured goods, which charges would reflect the cost of final
disposal, the value of recoverable components of the item, and
any social costs associated with nonrecycling or uncontrolled
disposal of such items; and
(8) the legal constraints and institutional barriers to the
acquisition of land needed for solid waste management, including
land for facilities and disposal sites;
(9) in consultation with the Secretary of Agriculture,
agricultural waste management problems and practices, the extent
of reuse and recovery of resources in such wastes, the prospects
for improvement, Federal, State, and local regulations governing
such practices, and the economic, social, and environmental
consequences of such practices; and
(10) in consultation with the Secretary of the Interior, mining
waste management problems, and practices, including an assessment
of existing authorities, technologies, and economics, and the
environmental and public health consequences of such practices.
(b) Demonstration
The Administrator is also authorized to carry out demonstration
projects to test and demonstrate methods and techniques developed
pursuant to subsection (a) of this section.
(c) Application of other sections
Section 6981(b) and (c) of this title shall be applicable to
investigations, studies, and projects carried out under this
section.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 8005, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2837.)


-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in
section 3253a of this title, prior to the general amendment of the
Solid Waste Disposal Act by Pub. L. 94-580.


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6986 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
INFORMATION

-HEAD-
Sec. 6986. Grants for resource recovery systems and improved solid
waste disposal facilities

-STATUTE-
(a) Authority
The Administrator is authorized to make grants pursuant to this
section to any State, municipal, or interstate or intermunicipal
agency for the demonstration of resource recovery systems or for
the construction of new or improved solid waste disposal
facilities.
(b) Conditions
(1) Any grant under this section for the demonstration of a
resource recovery system may be made only if it (A) is consistent
with any plans which meet the requirements of subchapter IV of this
chapter; (B) is consistent with the guidelines recommended pursuant
to section 6907 of this title; (C) is designed to provide area-wide
resource recovery systems consistent with the purposes of this
chapter, as determined by the Administrator, pursuant to
regulations promulgated under subsection (d) of this section; and
(D) provides an equitable system for distributing the costs
associated with construction, operation, and maintenance of any
resource recovery system among the users of such system.
(2) The Federal share for any project to which paragraph (1)
applies shall not be more than 75 percent.
(c) Limitations
(1) A grant under this section for the construction of a new or
improved solid waste disposal facility may be made only if -
(A) a State or interstate plan for solid waste disposal has
been adopted which applies to the area involved, and the facility
to be constructed (i) is consistent with such plan, (ii) is
included in a comprehensive plan for the area involved which is
satisfactory to the Administrator for the purposes of this
chapter, and (iii) is consistent with the guidelines recommended
under section 6907 of this title, and
(B) the project advances the state of the art by applying new
and improved techniques in reducing the environmental impact of
solid waste disposal, in achieving recovery of energy or
resources, or in recycling useful materials.

(2) The Federal share for any project to which paragraph (1)
applies shall be not more than 50 percent in the case of a project
serving an area which includes only one municipality, and not more
than 75 percent in any other case.
(d) Regulations
(1) The Administrator shall promulgate regulations establishing a
procedure for awarding grants under this section which -
(A) provides that projects will be carried out in communities
of varying sizes, under such conditions as will assist in solving
the community waste problems of urban-industrial centers,
metropolitan regions, and rural areas, under representative
geographic and environmental conditions; and
(B) provides deadlines for submission of, and action on, grant
requests.

(2) In taking action on applications for grants under this
section, consideration shall be given by the Administrator (A) to
the public benefits to be derived by the construction and the
propriety of Federal aid in making such grant; (B) to the extent
applicable, to the economic and commercial viability of the project
(including contractual arrangements with the private sector to
market any resources recovered); (C) to the potential of such
project for general application to community solid waste disposal
problems; and (D) to the use by the applicant of comprehensive
regional or metropolitan area planning.
(e) Additional limitations
A grant under this section -
(1) may be made only in the amount of the Federal share of (A)
the estimated total design and construction costs, plus (B) in
the case of a grant to which subsection (b)(1) of this section
applies, the first-year operation and maintenance costs;
(2) may not be provided for land acquisition or (except as
otherwise provided in paragraph (1)(B)) for operating or
maintenance costs;
(3) may not be made until the applicant has made provision
satisfactory to the Administrator for proper and efficient
operation and maintenance of the project (subject to paragraph
(1)(B)); and
(4) may be made subject to such conditions and requirements, in
addition to those provided in this section, as the Administrator
may require to properly carry out his functions pursuant to this
chapter.

For purposes of paragraph (1), the non-Federal share may be in any
form, including, but not limited to, lands or interests therein
needed for the project or personal property or services, the value
of which shall be determined by the Administrator.
(f) Single State
(1) Not more than 15 percent of the total of funds authorized to
be appropriated for any fiscal year to carry out this section shall
be granted under this section for projects in any one State.
(2) The Administrator shall prescribe by regulation the manner in
which this subsection shall apply to a grant under this section for
a project in an area which includes all or part of more than one
State.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 8006, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2838.)


-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in
section 3254b of this title, prior to the general amendment of the
Solid Waste Disposal Act by Pub. L. 94-580.


-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, then to Federal Coordinator for Alaska
Natural Gas Transportation Projects, see note set out under section
6903 of this title.

-End-



-CITE-
42 USC Sec. 6987 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
INFORMATION

-HEAD-
Sec. 6987. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated not to exceed $35,000,000
for the fiscal year 1978 to carry out the purposes of this
subchapter (except for section 6982 of this title).

-SOURCE-
(Pub. L. 89-272, title II, Sec. 8007, as added Pub. L. 94-580, Sec.
2, Oct. 21, 1976, 90 Stat. 2839.)


-MISC1-
PRIOR PROVISIONS
Provisions similar to those in this section were contained in
section 3259 of this title, prior to the general amendment of the
Solid Waste Disposal Act by Pub. L. 94-580.

-End-


-CITE-
42 USC SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE
TANKS 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-End-



-CITE-
42 USC Sec. 6991 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
Sec. 6991. Definitions and exemptions

-STATUTE-
In this subchapter:
(1) Indian tribe. -
(A) In general. - The term "Indian tribe" means any Indian
tribe, band, nation, or other organized group or community that
is recognized as being eligible for special programs and
services provided by the United States to Indians because of
their status as Indians.
(B) Inclusions. - The term "Indian tribe" includes an Alaska
Native village, as defined in or established under the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (!1)


(2) The term "nonoperational storage tank" means any
underground storage tank in which regulated substances will not
be deposited or from which regulated substances will not be
dispensed after November 8, 1984.
(3) The term "operator" means any person in control of, or
having responsibility for, the daily operation of the underground
storage tank.
(4) The term "owner" means -
(A) in the case of an underground storage tank in use on
November 8, 1984, or brought into use after that date, any
person who owns an underground storage tank used for the
storage, use, or dispensing of regulated substances and
(B) in the case of any underground storage tank in use before
November 8, 1984, but no longer in use on November 8, 1984, any
person who owned such tank immediately before the
discontinuation of its use.

(5) The term "person" has the same meaning as provided in
section 6903(15) of this title, except that such term includes a
consortium, a joint venture, and a commercial entity, and the
United States Government.
(6) The term "petroleum" means petroleum, including crude oil
or any fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7 pounds
per square inch absolute).
(7) The term "regulated substance" means -
(A) any substance defined in section 9601(14) of this title
(but not including any substance regulated as a hazardous waste
under subchapter III of this chapter), and
(B) petroleum.

(8) The term "release" means any spilling, leaking, emitting,
discharging, escaping, leaching, or disposing from an underground
storage tank into ground water, surface water or subsurface
soils.
(9) Trust fund. - The term "Trust Fund" means the Leaking
Underground Storage Tank Trust Fund established by section 9508
of title 26.
(10) The term "underground storage tank" means any one or
combination of tanks (including underground pipes connected
thereto) which is used to contain an accumulation of regulated
substances, and the volume of which (including the volume of the
underground pipes connected thereto) is 10 per centum or more
beneath the surface of the ground. Such term does not include any
-
(A) farm or residential tank of 1,100 gallons or less
capacity used for storing motor fuel for noncommercial
purposes,
(B) tank used for storing heating oil for consumptive use on
the premises where stored,
(C) septic tank,
(D) pipeline facility (including gathering lines) -
(i) which is regulated under chapter 601 of title 49, or
(ii) which is an intrastate pipeline facility regulated
under State laws as provided in chapter 601 of title 49,

and which is determined by the Secretary to be connected to a
pipeline or to be operated or intended to be capable of
operating at pipeline pressure or as an integral part of a
pipeline,
(E) surface impoundment, pit, pond, or lagoon,
(F) storm water or waste water collection system,
(G) flow-through process tank,
(H) liquid trap or associated gathering lines directly
related to oil or gas production and gathering operations, or
(I) storage tank situated in an underground area (such as a
basement, cellar, mineworking, drift, shaft, or tunnel) if the
storage tank is situated upon or above the surface of the
floor.

The term "underground storage tank" shall not include any pipes
connected to any tank which is described in subparagraphs (A)
through (I).

-SOURCE-
(Pub. L. 89-272, title II, Sec. 9001, as added Pub. L. 98-616,
title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3277; amended Pub. L.
99-499, title II, Sec. 205(a), Oct. 17, 1986, 100 Stat. 1696; Pub.
L. 102-508, title III, Sec. 302, Oct. 24, 1992, 106 Stat. 3307;
Pub. L. 103-429, Sec. 7(d), Oct. 31, 1994, 108 Stat. 4389; Pub. L.
109-58, title XV, Secs. 1532(a), 1533(1), Aug. 8, 2005, 119 Stat.
1104, 1105.)

-REFTEXT-
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred to in par.
(1)(B), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,
which is classified generally to chapter 33 (Sec. 1601 et seq.) of
Title 43, Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 1601 of Title
43 and Tables.


-MISC1-
AMENDMENTS
2005 - Pub. L. 109-58 substituted "In this subchapter:" for "For
the purposes of this subchapter - " in introductory provisions,
added pars. (1) and (9), redesignated former pars. (1) to (8) as
pars. (10), (7), (4), (3), (8), (5), (2), and (6), respectively,
and, in par. (4)(A), substituted "substances" for "sustances".
1994 - Par. (1)(D). Pub. L. 103-429 amended subpar. (D)
generally. Prior to amendment, subpar. (D) read as follows:
"pipeline facility (including gathering lines) -
"(i) which is regulated under the Natural Gas Pipeline Safety
Act of 1968 (49 U.S.C. App. 1671 et seq.),
"(ii) which is regulated under the Hazardous Liquid Pipeline
Safety Act of 1979 (49 U.S.C. App. 2001 et seq.), or
"(iii) which is an intrastate pipeline facility regulated under
State laws as provided in the provisions of law referred to in
clause (i) or (ii) of this subparagraph,
and which is determined by the Secretary to be connected to a
pipeline or to be operated or intended to be capable of operating
at pipeline pressure or as an integral part of a pipeline,".
1992 - Par. (1)(D). Pub. L. 102-508 amended subpar. (D)
generally. Prior to amendment, subpar. (D) read as follows:
"pipeline facility (including gathering lines) regulated under -
"(i) the Natural Gas Pipeline Safety Act of 1968,
"(ii) the Hazardous Liquid Pipeline Safety Act of 1979, or
"(iii) which is an intrastate pipeline facility regulated under
State laws comparable to the provisions of law referred to in
clause (i) or (ii) of this subparagraph,".
1986 - Par. (2)(B). Pub. L. 99-499 struck out ", including crude
oil or any fraction thereof which is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds
per square inch absolute)". See par. (8).
Par. (8). Pub. L. 99-499 added par. (8).

ABOVEGROUND STORAGE TANK GRANT PROGRAM
Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XII, Sec. 1201],
Dec. 21, 2000, 114 Stat. 2763, 2763A-313, provided that:
"(a) Definitions. - In this provision:
"(1) Aboveground storage tank. - The term 'aboveground storage
tank' means any tank or combination of tanks (including any
connected pipe) -
"(A) that is used to contain an accumulation of regulated
substances; and
"(B) the volume of which (including the volume of any
connected pipe) is located wholly above the surface of the
ground.
"(2) Administrator. - The term 'Administrator' means the
Administrator of the Environmental Protection Agency.
"(3) Denali Commission. - The term 'Denali Commission' means
the commission established by section 303(a) of the Denali
Commission Act of 1998 [Pub. L. 105-277, div. C, title III] (42
U.S.C. 3121 note).
"(4) Federal environmental law. - The term 'Federal
environmental law' means -
"(A) the Oil Pollution Control Act of 1990 (33 U.S.C. 2701 et
seq.);
"(B) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
"(C) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
"(D) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); or
"(E) any other Federal law that is applicable to the release
into the environment of a regulated substance, as determined by
the Administrator.
"(5) Native village. - The term 'Native village' has the
meaning given the term in section 11(b) in Public Law 92-203 (85
Stat. 688) [43 U.S.C. 1610(b)].
"(6) Program. - The term 'program' means the Aboveground
Storage Tank Grant Program established by subsection (b)(1).
"(7) Regulated substance. - The term 'regulated substance' has
the meaning given the term in section 9001 of the Solid Waste
Disposal Act (42 U.S.C. 6991).
"(8) State. - The term 'State' means the State of Alaska.
"(b) Establishment. -
"(1) In general. - There is established a grant program to be
known as the 'Aboveground Storage Tank Grant Program'
"(2) Grants. - Under the program, the Administrator shall award
a grant to -
"(A) the State, on behalf of a Native village; or
"(B) the Denali Commission.
"(c) Use of Grants. - The State or the Denali Commission shall
use the funds of a grant under subsection (b) to repair, upgrade,
or replace one or more aboveground storage tanks that -
"(1) leaks or poses an imminent threat of leaking, as certified
by the Administrator, the Commandant of the Coast Guard, or any
other appropriate Federal or State agency (as determined by the
Administrator); and
"(2) is located in a Native village -
"(A) the median household income of which is less than 80
percent of the median household income in the State;
"(B) that is located -
"(i) within the boundaries of -
"(I) a unit of the National Park System;
"(II) a unit of the National Wildlife Refuge System; or
"(III) a National Forest; or
"(ii) on public land under the administrative jurisdiction
of the Bureau of Land Management; or
"(C) that receives payments from the Federal Government under
chapter 69 of title 31, United States Code (commonly known as
'payments in lieu of taxes').
"(d) Reports. - Not later than 1 year after the date on which the
State or the Denali Commission receives a grant under subsection
(c), and annually thereafter, the State or the Denali Commission,
as the case may be, shall submit a report describing each project
completed with grant funds and any projects planned for the
following year, to -
"(1) the Administrator;
"(2) the Committee on Resources of the House of
Representatives;
"(3) the Committee on Environment and Public Works of the
Senate;
"(4) the Committee on Appropriations of the House of
Representatives; and
"(5) the Committee on Appropriations of the Senate.
"(e) Authorization of Appropriations. - There are authorized to
be appropriated to carry out this Act [probably means this
section], to remain available until expended -
"(1) $20,000,000 for fiscal year 2001; and
"(2) such sums as are necessary for each fiscal year
thereafter."
[For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.]

-FOOTNOTE-

(!1) So in original. The semicolon probably should be a period
and the word "and" probably should not appear.


-End-



-CITE-
42 USC Sec. 6991a 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
Sec. 6991a. Notification

-STATUTE-
(a) Underground storage tanks
(1) Within 18 months after November 8, 1984, each owner of an
underground storage tank shall notify the State or local agency or
department designated pursuant to subsection (b)(1) of this section
of the existence of such tank, specifying the age, size, type,
location, and uses of such tank.
(2)(A) For each underground storage tank taken out of operation
after January 1, 1974, the owner of such tank shall, within
eighteen months after November 8, 1984, notify the State or local
agency, or department designated pursuant to subsection (b)(1) of
this section of the existence of such tanks (unless the owner knows
the tank subsequently was removed from the ground). The owner of a
tank taken out of operation on or before January 1, 1974, shall not
be required to notify the State or local agency under this
subsection.
(B) Notice under subparagraph (A) shall specify, to the extent
known to the owner -
(i) the date the tank was taken out of operation,
(ii) the age of the tank on the date taken out of operation,
(iii) the size, type and location of the tank, and
(iv) the type and quantity of substances left stored in such
tank on the date taken out of operation.

(3) Any owner which brings into use an underground storage tank
after the initial notification period specified under paragraph
(1), shall notify the designated State or local agency or
department within thirty days of the existence of such tank,
specifying the age, size, type, location and uses of such tank.
(4) Paragraphs (1) through (3) of this subsection shall not apply
to tanks for which notice was given pursuant to section 9603(c) of
this title.
(5) Beginning thirty days after the Administrator prescribes the
form of notice pursuant to subsection (b)(2) of this section and
for eighteen months thereafter, any person who deposits regulated
substances in an underground storage tank shall reasonably notify
the owner or operator of such tank of the owner's notification
requirements pursuant to this subsection.
(6) Beginning thirty days after the Administrator issues new tank
performance standards pursuant to section 6991b(c) of this title,
any person who sells a tank intended to be used as an underground
storage tank shall notify the purchaser of such tank of the owner's
notification requirements pursuant to this subsection.
(b) Agency designation
(1) Within one hundred and eighty days after November 8, 1984,
the Governors of each State shall designate the appropriate State
agency or department or local agencies or departments to receive
the notifications under subsection (a)(1), (2), or (3) of this
section.
(2) Within twelve months after November 8, 1984, the
Administrator, in consultation with State and local officials
designated pursuant to subsection (b)(1) of this section, and after
notice and opportunity for public comment, shall prescribe the form
of the notice and the information to be included in the
notifications under subsection (a)(1), (2), or (3) of this section.
In prescribing the form of such notice, the Administrator shall
take into account the effect on small businesses and other owners
and operators.
(c) State inventories
Each State shall make 2 separate inventories of all underground
storage tanks in such State containing regulated substances. One
inventory shall be made with respect to petroleum and one with
respect to other regulated substances. In making such inventories,
the State shall utilize and aggregate the data in the notification
forms submitted pursuant to subsections (a) and (b) of this
section. Each State shall submit such aggregated data to the
Administrator not later than 270 days after October 17, 1986.
(d) Public record
(1) In general
The Administrator shall require each State that receives
Federal funds to carry out this subchapter to maintain, update at
least annually, and make available to the public, in such manner
and form as the Administrator shall prescribe (after consultation
with States), a record of underground storage tanks regulated
under this subchapter.
(2) Considerations
To the maximum extent practicable, the public record of a
State, respectively, shall include, for each year -
(A) the number, sources, and causes of underground storage
tank releases in the State;
(B) the record of compliance by underground storage tanks in
the State with -
(i) this subchapter; or
(ii) an applicable State program approved under section
6991c of this title; and

(C) data on the number of underground storage tank equipment
failures in the State.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 9002, as added Pub. L. 98-616,
title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3278; amended Pub. L.
99-499, title II, Sec. 205(b), Oct. 17, 1986, 100 Stat. 1696; Pub.
L. 109-58, title XV, Sec. 1526(c), Aug. 8, 2005, 119 Stat. 1098.)


-MISC1-
AMENDMENTS
2005 - Subsec. (d). Pub. L. 109-58 added subsec. (d).
1986 - Subsec. (c). Pub. L. 99-499 added subsec. (c).

-End-



-CITE-
42 USC Sec. 6991b 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
Sec. 6991b. Release detection, prevention, and correction
regulations

-STATUTE-
(a) Regulations
The Administrator, after notice and opportunity for public
comment, and at least three months before the effective dates
specified in subsection (f) of this section, shall promulgate
release detection, prevention, and correction regulations
applicable to all owners and operators of underground storage
tanks, as may be necessary to protect human health and the
environment.
(b) Distinctions in regulations
In promulgating regulations under this section, the Administrator
may distinguish between types, classes, and ages of underground
storage tanks. In making such distinctions, the Administrator may
take into consideration factors, including, but not limited to:
location of the tanks, soil and climate conditions, uses of the
tanks, history of maintenance, age of the tanks, current industry
recommended practices, national consensus codes, hydrogeology,
water table, size of the tanks, quantity of regulated substances
periodically deposited in or dispensed from the tank, the technical
capability of the owners and operators, and the compatibility of
the regulated substance and the materials of which the tank is
fabricated.
(c) Requirements
The regulations promulgated pursuant to this section shall
include, but need not be limited to, the following requirements
respecting all underground storage tanks -
(1) requirements for maintaining a leak detection system, an
inventory control system together with tank testing, or a
comparable system or method designed to identify releases in a
manner consistent with the protection of human health and the
environment;
(2) requirements for maintaining records of any monitoring or
leak detection system or inventory control system or tank testing
or comparable system;
(3) requirements for reporting of releases and corrective
action taken in response to a release from an underground storage
tank;
(4) requirements for taking corrective action in response to a
release from an underground storage tank;
(5) requirements for the closure of tanks to prevent future
releases of regulated substances into the environment; and
(6) requirements for maintaining evidence of financial
responsibility for taking corrective action and compensating
third parties for bodily injury and property damage caused by
sudden and nonsudden accidental releases arising from operating
an underground storage tank.
(d) Financial responsibility
(1) Financial responsibility required by this subsection 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, qualification
as a self-insurer or any other method satisfactory to the
Administrator. In promulgating requirements under this subsection,
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
subchapter.
(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 of the Federal courts 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 subsection may be asserted directly
against the guarantor providing such evidence of financial
responsibility. In the case of any action pursuant to this
paragraph 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
section. 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 subsection.
(5)(A) The Administrator, in promulgating financial
responsibility regulations under this section, may establish an
amount of coverage for particular classes or categories of
underground storage tanks containing petroleum which shall satisfy
such regulations and which shall not be less than $1,000,000 for
each occurrence with an appropriate aggregate requirement.
(B) The Administrator may set amounts lower than the amounts
required by subparagraph (A) of this paragraph for underground
storage tanks containing petroleum which are at facilities not
engaged in petroleum production, refining, or marketing and which
are not used to handle substantial quantities of petroleum.
(C) In establishing classes and categories for purposes of this
paragraph, the Administrator may consider the following factors:
(i) The size, type, location, storage, and handling capacity of
underground storage tanks in the class or category and the volume
of petroleum handled by such tanks.
(ii) The likelihood of release and the potential extent of
damage from any release from underground storage tanks in the
class or category.
(iii) The economic impact of the limits on the owners and
operators of each such class or category, particularly relating
to the small business segment of the petroleum marketing
industry.
(iv) The availability of methods of financial responsibility in
amounts greater than the amount established by this paragraph.
(v) Such other factors as the Administrator deems pertinent.

(D) The Administrator may suspend enforcement of the financial
responsibility requirements for a particular class or category of
underground storage tanks or in a particular State, if the
Administrator makes a determination that methods of financial
responsibility satisfying the requirements of this subsection are
not generally available for underground storage tanks in that class
or category, and -
(i) steps are being taken to form a risk retention group for
such class of tanks; or
(ii) such State is taking steps to establish a fund pursuant to
section 6991c(c)(1) of this title to be submitted as evidence of
financial responsibility.

A suspension by the Administrator pursuant to this paragraph shall
extend for a period not to exceed 180 days. A determination to
suspend may be made with respect to the same class or category or
for the same State at the end of such period, but only if
substantial progress has been made in establishing a risk retention
group, or the owners or operators in the class or category
demonstrate, and the Administrator finds, that the formation of
such a group is not possible and that the State is unable or
unwilling to establish such a fund pursuant to clause (ii).
(e) New tank performance standards
The Administrator shall, not later than three months prior to the
effective date specified in subsection (f) of this section, issue
performance standards for underground storage tanks brought into
use on or after the effective date of such standards. The
performance standards for new underground storage tanks shall
include, but need not be limited to, design, construction,
installation, release detection, and compatibility standards.
(f) Effective dates
(1) Regulations issued pursuant to subsections (c) and (d) of
this section, and standards issued pursuant to subsection (e) of
this section, for underground storage tanks containing regulated
substances defined in section 6991(7)(B) of this title (petroleum,
including crude oil or any fraction thereof which is liquid at
standard conditions of temperature and pressure) shall be effective
not later than thirty months after November 8, 1984.
(2) Standards issued pursuant to subsection (e) of this section
(entitled "New Tank Performance Standards") for underground storage
tanks containing regulated substances defined in section 6991(7)(A)
of this title shall be effective not later than thirty-six months
after November 8, 1984.
(3) Regulations issued pursuant to subsection (c) of this section
(entitled "Requirements") and standards issued pursuant to
subsection (d) of this section (entitled "Financial
Responsibility") for underground storage tanks containing regulated
substances defined in section 6991(7)(A) of this title shall be
effective not later than forty-eight months after November 8, 1984.
(g) Interim prohibition
(1) Until the effective date of the standards promulgated by the
Administrator under subsection (e) of this section and after one
hundred and eighty days after November 8, 1984, no person may
install an underground storage tank for the purpose of storing
regulated substances unless such tank (whether of single or double
wall construction) -
(A) will prevent releases due to corrosion or structural
failure for the operational life of the tank;
(B) is cathodically protected against corrosion, constructed of
noncorrosive material, steel clad with a noncorrosive material,
or designed in a manner to prevent the release or threatened
release of any stored substance; and
(C) the material used in the construction or lining of the tank
is compatible with the substance to be stored.

(2) Notwithstanding paragraph (1), if soil tests conducted in
accordance with ASTM Standard G57-78, or another standard approved
by the Administrator, show that soil resistivity in an installation
location is 12,000 ohm/cm or more (unless a more stringent standard
is prescribed by the Administrator by rule), a storage tank without
corrosion protection may be installed in that location during the
period referred to in paragraph (1).
(h) EPA response program for petroleum
(1) Before regulations
Before the effective date of regulations under subsection (c)
of this section, the Administrator (or a State pursuant to
paragraph (7)) is authorized to -
(A) require the owner or operator of an underground storage
tank to undertake corrective action with respect to any release
of petroleum when the Administrator (or the State) determines
that such corrective action will be done properly and promptly
by the owner or operator of the underground storage tank from
which the release occurs; or
(B) undertake corrective action with respect to any release
of petroleum into the environment from an underground storage
tank if such action is necessary, in the judgment of the
Administrator (or the State), to protect human health and the
environment.

The corrective action undertaken or required under this paragraph
shall be such as may be necessary to protect human health and the
environment. The Administrator shall use funds in the Trust Fund
for payment of costs incurred for corrective action under
subparagraph (B), enforcement action under subparagraph (A), and
cost recovery under paragraph (6) of this subsection. Subject to
the priority requirements of paragraph (3), the Administrator (or
the State) shall give priority in undertaking such actions under
subparagraph (B) to cases where the Administrator (or the State)
cannot identify a solvent owner or operator of the tank who will
undertake action properly.
(2) After regulations
Following the effective date of regulations under subsection
(c) of this section, all actions or orders of the Administrator
(or a State pursuant to paragraph (7)) described in paragraph (1)
of this subsection shall be in conformity with such regulations.
Following such effective date, the Administrator (or the State)
may undertake corrective action with respect to any release of
petroleum into the environment from an underground storage tank
only if such action is necessary, in the judgment of the
Administrator (or the State), to protect human health and the
environment and one or more of the following situations exists:
(A) No person can be found, within 90 days or such shorter
period as may be necessary to protect human health and the
environment, who is -
(i) an owner or operator of the tank concerned,
(ii) subject to such corrective action regulations, and
(iii) capable of carrying out such corrective action
properly.

(B) A situation exists which requires prompt action by the
Administrator (or the State) under this paragraph to protect
human health and the environment.
(C) Corrective action costs at a facility exceed the amount
of coverage required by the Administrator pursuant to the
provisions of subsections (c) and (d)(5) of this section and,
considering the class or category of underground storage tank
from which the release occurred, expenditures from the Trust
Fund are necessary to assure an effective corrective action.
(D) The owner or operator of the tank has failed or refused
to comply with an order of the Administrator under this
subsection or section 6991e of this title or with the order of
a State under this subsection to comply with the corrective
action regulations.
(3) Priority of corrective actions
The Administrator (or a State pursuant to paragraph (7)) shall
give priority in undertaking corrective actions under this
subsection, and in issuing orders requiring owners or operators
to undertake such actions, to releases of petroleum from
underground storage tanks which pose the greatest threat to human
health and the environment.
(4) Corrective action orders
The Administrator is authorized to issue orders to the owner or
operator of an underground storage tank to carry out subparagraph
(A) of paragraph (1) or to carry out regulations issued under
subsection (c)(4) of this section. A State acting pursuant to
paragraph (7) of this subsection is authorized to carry out
subparagraph (A) of paragraph (1) only until the State's program
is approved by the Administrator under section 6991c of this
title. Such orders shall be issued and enforced in the same
manner and subject to the same requirements as orders under
section 6991e of this title.
(5) Allowable corrective actions
The corrective actions undertaken by the Administrator (or a
State pursuant to paragraph (7)) under paragraph (1) or (2) may
include temporary or permanent relocation of residents and
alternative household water supplies. In connection with the
performance of any corrective action under paragraph (1) or (2),
the Administrator may undertake an exposure assessment as defined
in paragraph (10) of this subsection or provide for such an
assessment in a cooperative agreement with a State pursuant to
paragraph (7) of this subsection. The costs of any such
assessment may be treated as corrective action for purposes of
paragraph (6), relating to cost recovery.
(6) Recovery of costs
(A) In general
Whenever costs have been incurred by the Administrator, or by
a State pursuant to paragraph (7), for undertaking corrective
action or enforcement action with respect to the release of
petroleum from an underground storage tank, the owner or
operator of such tank shall be liable to the Administrator or
the State for such costs. The liability under this paragraph
shall be construed to be the standard of liability which
obtains under section 1321 of title 33.
(B) Recovery
In determining the equities for seeking the recovery of costs
under subparagraph (A), the Administrator (or a State pursuant
to paragraph (7) of this subsection) may consider the amount of
financial responsibility required to be maintained under
subsections (c) and (d)(5) of this section and the factors
considered in establishing such amount under subsection (d)(5)
of this section.
(C) Effect on liability
(i) No transfers of liability
No indemnification, hold harmless, or similar agreement or
conveyance shall be effective to transfer from the owner or
operator of any underground storage tank or from any person
who may be liable for a release or threat of release under
this subsection, to any other person the liability imposed
under this subsection. Nothing in this subsection shall bar
any agreement to insure, hold harmless, or indemnify a party
to such agreement for any liability under this section.
(ii) No bar to cause of action
Nothing in this subsection, including the provisions of
clause (i) of this subparagraph, shall bar a cause of action
that an owner or operator or any other person subject to
liability under this section, or a guarantor, has or would
have, by reason of subrogation or otherwise against any
person.
(D) Facility
For purposes of this paragraph, the term "facility" means,
with respect to any owner or operator, all underground storage
tanks used for the storage of petroleum which are owned or
operated by such owner or operator and located on a single
parcel of property (or on any contiguous or adjacent property).
(E) Inability or limited ability to pay
(i) In general
In determining the level of recovery effort, or amount that
should be recovered, the Administrator (or the State pursuant
to paragraph (7)) shall consider the owner or operator's
ability to pay. An inability or limited ability to pay
corrective action costs must be demonstrated to the
Administrator (or the State pursuant to paragraph (7)) by the
owner or operator.
(ii) Considerations
In determining whether or not a demonstration is made under
clause (i), the Administrator (or the State pursuant to
paragraph (7)) shall take into consideration the ability of
the owner or operator to pay corrective action costs and
still maintain its basic business operations, including
consideration of the overall financial condition of the owner
or operator and demonstrable constraints on the ability of
the owner or operator to raise revenues.
(iii) Information
An owner or operator requesting consideration under this
subparagraph shall promptly provide the Administrator (or the
State pursuant to paragraph (7)) with all relevant
information needed to determine the ability of the owner or
operator to pay corrective action costs.
(iv) Alternative payment methods
The Administrator (or the State pursuant to paragraph (7))
shall consider alternative payment methods as may be
necessary or appropriate if the Administrator (or the State
pursuant to paragraph (7)) determines that an owner or
operator cannot pay all or a portion of the costs in a lump
sum payment.
(v) Misrepresentation
If an owner or operator provides false information or
otherwise misrepresents their financial situation under
clause (ii), the Administrator (or the State pursuant to
paragraph (7)) shall seek full recovery of the costs of all
such actions pursuant to the provisions of subparagraph (A)
without consideration of the factors in subparagraph (B).
(7) State authorities
(A) General
A State may exercise the authorities in paragraphs (1), (2),
and (12), subject to the terms and conditions of paragraphs
(3), (5), (9), (10), and (11), and the authority under sections
6991j and 6991k of this title and paragraphs (4), (6), and (8),
if -
(i) the Administrator determines that the State has the
capabilities to carry out effective corrective actions and
enforcement activities; and
(ii) the Administrator enters into a cooperative agreement
with the State setting out the actions to be undertaken by
the State.

The Administrator may provide funds from the Trust Fund for the
reasonable costs of the State's actions under the cooperative
agreement.
(B) Cost share
Following the effective date of the regulations under
subsection (c) of this section, the State shall pay 10 per
centum of the cost of corrective actions undertaken either by
the Administrator or by the State under a cooperative
agreement, except that the Administrator may take corrective
action at a facility where immediate action is necessary to
respond to an imminent and substantial endangerment to human
health or the environment if the State fails to pay the cost
share.
(8) Emergency procurement powers
Notwithstanding any other provision of law, the Administrator
may authorize the use of such emergency procurement powers as he
deems necessary.
(9) Definition of owner or operator
(A) In general
As used in this subchapter, the terms "owner" and "operator"
do not include a person that, without participating in the
management of an underground storage tank and otherwise not
engaged in petroleum production, refining, or marketing, holds
indicia of ownership primarily to protect the person's security
interest.
(B) Security interest holders
The provisions regarding holders of security interests in
subparagraphs (E) through (G) of section 9601(20) of this title
and the provisions regarding fiduciaries at section 9607(n) of
this title shall apply in determining a person's liability as
an owner or operator of an underground storage tank for the
purposes of this subchapter.
(C) Effect on rule
Nothing in subparagraph (B) shall be construed as modifying
or affecting the final rule issued by the Administrator on
September 7, 1995 (60 Fed. Reg. 46,692), or as limiting the
authority of the Administrator to amend the final rule, in
accordance with applicable law. The final rule in effect on
September 30, 1996, shall prevail over any inconsistent
provision regarding holders of security interests in
subparagraphs (E) through (G) of section 9601(20) of this title
or any inconsistent provision regarding fiduciaries in section
9607(n) of this title. Any amendment to the final rule shall be
consistent with the provisions regarding holders of security
interests in subparagraphs (E) through (G) of section 9601(20)
of this title and the provisions regarding fiduciaries in
section 9607(n) of this title. This subparagraph does not
preclude judicial review of any amendment of the final rule
made after September 30, 1996.
(10) Definition of exposure assessment
As used in this subsection, the term "exposure assessment"
means an assessment to determine the extent of exposure of, or
potential for exposure of, individuals to petroleum from a
release from an underground storage tank based on such factors as
the nature and extent of contamination and the existence of or
potential for pathways of human exposure (including ground or
surface water contamination, air emissions, and food chain
contamination), the size of the community within the likely
pathways of exposure, and 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.
Such assessment shall not delay corrective action to abate
immediate hazards or reduce exposure.
(11) Facilities without financial responsibility
At any facility where the owner or operator has failed to
maintain evidence of financial responsibility in amounts at least
equal to the amounts established by subsection (d)(5)(A) of this
section (or a lesser amount if such amount is applicable to such
facility as a result of subsection (d)(5)(B) of this section) for
whatever reason the Administrator shall expend no monies from the
Trust Fund to clean up releases at such facility pursuant to the
provisions of paragraph (1) or (2) of this subsection. At such
facilities the Administrator shall use the authorities provided
in subparagraph (A) of paragraph (1) and paragraph (4) of this
subsection and section 6991e of this title to order corrective
action to clean up such releases. States acting pursuant to
paragraph (7) of this subsection shall use the authorities
provided in subparagraph (A) of paragraph (1) and paragraph (4)
of this subsection to order corrective action to clean up such
releases. Notwithstanding the provisions of this paragraph, the
Administrator may use monies from the fund to take the corrective
actions authorized by paragraph (5) of this subsection to protect
human health at such facilities and shall seek full recovery of
the costs of all such actions pursuant to the provisions of
paragraph (6)(A) of this subsection and without consideration of
the factors in paragraph (6)(B) of this subsection. Nothing in
this paragraph shall prevent the Administrator (or a State
pursuant to paragraph (7) of this subsection) from taking
corrective action at a facility where there is no solvent owner
or operator or where immediate action is necessary to respond to
an imminent and substantial endangerment of human health or the
environment.
(12) Remediation of oxygenated fuel contamination
(A) In general
The Administrator and the States may use funds made available
under section 6991m(2)(B) of this title to carry out corrective
actions with respect to a release of a fuel containing an
oxygenated fuel additive that presents a threat to human health
or welfare or the environment.
(B) Applicable authority
The Administrator or a State shall carry out subparagraph (A)
in accordance with paragraph (2), and in the case of a State,
in accordance with a cooperative agreement entered into by the
Administrator and the State under paragraph (7).
(i) Additional measures to protect groundwater from contamination
The Administrator shall require each State that receives funding
under this subchapter to require one of the following:
(1) Tank and piping secondary containment
(A) Each new underground storage tank, or piping connected to
any such new tank, installed after the effective date of this
subsection, or any existing underground storage tank, or existing
piping connected to such existing tank, that is replaced after
the effective date of this subsection, shall be secondarily
contained and monitored for leaks if the new or replaced
underground storage tank or piping is within 1,000 feet of any
existing community water system or any existing potable drinking
water well.
(B) In the case of a new underground storage tank system
consisting of one or more underground storage tanks and connected
by piping, subparagraph (A) shall apply to all underground
storage tanks and connected pipes comprising such system.
(C) In the case of a replacement of an existing underground
storage tank or existing piping connected to the underground
storage tank, subparagraph (A) shall apply only to the specific
underground storage tank or piping being replaced, not to other
underground storage tanks and connected pipes comprising such
system.
(D) Each installation of a new motor fuel dispenser system,
after the effective date of this subsection, shall include under-
dispenser spill containment if the new dispenser is within 1,000
feet of any existing community water system or any existing
potable drinking water well.
(E) This paragraph shall not apply to repairs to an underground
storage tank, piping, or dispenser that are meant to restore a
tank, pipe, or dispenser to operating condition.
(F) As used in this subsection:
(i) The term "secondarily contained" means a release
detection and prevention system that meets the requirements of
40 CFR 280.43(g), but shall not include under-dispenser spill
containment or control systems.
(ii) The term "underground storage tank" has the meaning
given to it in section 6991 of this title, except that such
term does not include tank combinations or more than a single
underground pipe connected to a tank.
(iii) The term "installation of a new motor fuel dispenser
system" means the installation of a new motor fuel dispenser
and the equipment necessary to connect the dispenser to the
underground storage tank system, but does not mean the
installation of a motor fuel dispenser installed separately
from the equipment need to connect the dispenser to the
underground storage tank system.
(2) Evidence of financial responsibility and certification
(A) Manufacturer and installer financial responsibility
A person that manufactures an underground storage tank or
piping for an underground storage tank system or that installs
an underground storage tank system is required to maintain
evidence of financial responsibility under subsection (d) of
this section in order to provide for the costs of corrective
actions directly related to releases caused by improper
manufacture or installation unless the person can demonstrate
themselves (!1) to be already covered as an owner or operator
of an underground storage tank under this section.

(B) Installer certification
The Administrator and each State that receives funding under
this subchapter, as appropriate, shall require that a person
that installs an underground storage tank system is -
(i) certified or licensed by the tank and piping
manufacturer;
(ii) certified or licensed by the Administrator or a State,
as appropriate;
(iii) has their (!1) underground storage tank system
installation certified by a registered professional engineer
with education and experience in underground storage tank
system installation;
(iv) has had their (!1) installation of the underground
storage tank inspected and approved by the Administrator or
the State, as appropriate;
(v) compliant with a code of practice developed by a
nationally recognized association or independent testing
laboratory and in accordance with the manufacturer's
instructions; or
(vi) compliant with another method that is determined by
the Administrator or a State, as appropriate, to be no less
protective of human health and the environment.
(C) Savings clause
Nothing in subparagraph (A) alters or affects the liability
of any owner or operator of an underground storage tank.
(j) Government-owned tanks
(1) State compliance report
(A) Not later than 2 years after August 8, 2005, each State
that receives funding under this subchapter shall submit to the
Administrator a State compliance report that -
(i) lists the location and owner of each underground storage
tank described in subparagraph (B) in the State that, as of the
date of submission of the report, is not in compliance with
this section; and
(ii) specifies the date of the last inspection and describes
the actions that have been and will be taken to ensure
compliance of the underground storage tank listed under clause
(i) with this subchapter.

(B) An underground storage tank described in this subparagraph
is an underground storage tank that is -
(i) regulated under this subchapter; and
(ii) owned or operated by the Federal, State, or local
government.

(C) The Administrator shall make each report, received under
subparagraph (A), available to the public through an appropriate
media.(!2)

(2) Financial incentive
The Administrator may award to a State that develops a report
described in paragraph (1), in addition to any other funds that
the State is entitled to receive under this subchapter, not more
than $50,000, to be used to carry out the report.
(3) Not a safe harbor
This subsection does not relieve any person from any obligation
or requirement under this subchapter.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 9003, as added Pub. L. 98-616,
title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3279; amended Pub. L.
99-499, title II, Sec. 205(c), (d), Oct. 17, 1986, 100 Stat. 1697,
1698; Pub. L. 104-208, div. A, title II, Sec. 2503, Sept. 30, 1996,
110 Stat. 3009-468; Pub. L. 109-58, title XV, Secs. 1522(c), 1525,
1526(b), 1530(a), 1532(b)(1), (2), 1533(2), Aug. 8, 2005, 119 Stat.
1093, 1096, 1097, 1102, 1105; Pub. L. 109-168, Sec. 1(a)(2), Jan.
10, 2006, 119 Stat. 3580.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Bankruptcy Code, referred to in subsec. (d)(2),
probably means a reference to Title 11, Bankruptcy.
The effective date of this subsection, referred to in subsec.
(i)(1)(A), (D), is 18 months after Aug. 8, 2005. See Effective Date
of 2005 Amendment note set out below.


-MISC1-
AMENDMENTS
2006 - Subsecs. (i), (j). Pub. L. 109-168 redesignated subsec.
(i), relating to government-owned tanks, as (j). Subsec. (j) was
editorially transferred to the end of the section to reflect the
probable intent of Congress.
2005 - Subsec. (f)(1). Pub. L. 109-58, Sec. 1533(2), substituted
"subsections (c) and (d)" for "subsection (c) and (d)".
Pub. L. 109-58, Sec. 1532(b)(1)(A), substituted "6991(7)(B)" for
"6991(2)(B)".
Subsec. (f)(2), (3). Pub. L. 109-58, Sec. 1532(b)(1)(B),
substituted "6991(7)(A)" for "6991(2)(A)".
Subsec. (h)(1), (2)(C). Pub. L. 109-58, Sec. 1532(b)(2),
substituted "Trust Fund" for "Leaking Underground Storage Tank
Trust Fund".
Subsec. (h)(6)(E). Pub. L. 109-58, Sec. 1522(c), added subpar.
(E).
Subsec. (h)(7)(A). Pub. L. 109-58, Sec. 1532(b)(2), substituted
"Trust Fund" for "Leaking Underground Storage Tank Trust Fund" in
concluding provisions.
Pub. L. 109-58, Sec. 1525(1), in introductory provisions,
substituted "paragraphs (1), (2), and (12)" for "paragraphs (1) and
(2) of this subsection" and "and the authority under sections 6991j
and 6991k of this title and paragraphs (4), (6), and (8)," for "and
including the authorities of paragraphs (4), (6), and (8) of this
subsection".
Subsec. (h)(11). Pub. L. 109-58, Sec. 1532(b)(2), substituted
"Trust Fund" for "Leaking Underground Storage Tank Trust Fund".
Subsec. (h)(12). Pub. L. 109-58, Sec. 1525(2), added par. (12).
Subsec. (i). Pub. L. 109-58, Sec. 1530(a), added subsec. (i)
relating to additional measures to protect groundwater from
contamination.
Pub. L. 109-58, Sec. 1526(b), added subsec. (i) relating to
government-owned tanks.
1996 - Subsec. (h)(9). Pub. L. 104-208 added par. (9) and struck
out heading and text of former par. (9). Text read as follows: "As
used in this subsection, the term 'owner' does not include any
person who, without participating in the management of an
underground storage tank and otherwise not engaged in petroleum
production, refining, and marketing, holds indicia of ownership
primarily to protect the owner's security interest in the tank."
1986 - Subsec. (c)(6). Pub. L. 99-499, Sec. 205(c)(1), added par.
(6).
Subsec. (d)(1). Pub. L. 99-499, Sec. 205(c)(3), which directed
that par. (1) be amended by "striking out 'or' after 'credit,' and
by striking out the period at the end thereof and inserting in lieu
thereof the following: 'or any other method satisfactory to the
Administrator.' ", was executed by striking the period and making
insertion at end of first sentence, rather than at end of par. (1),
as the probable intent of Congress, because an earlier version of
the amending legislation had provided that such amendment be made
to first sentence.
Pub. L. 99-499, Sec. 205(c)(2), redesignated par. (2) as (1) and
struck out former par. (1) which read as follows: "As he deems
necessary or desirable, the Administrator shall promulgate
regulations containing requirements for maintaining evidence of
financial responsibility as he deems necessary and desirable for
taking corrective action and compensating third parties for bodily
injury and property damage caused by sudden and nonsudden
accidental releases arising from operating an underground storage
tank."
Subsec. (d)(2) to (5). Pub. L. 99-499, Sec. 205(c)(2), (4), added
par. (5) and redesignated pars. (3) to (5) as (2) to (4),
respectively. Former par. (2) redesignated (1).
Subsec. (h). Pub. L. 99-499, Sec. 205(d), added subsec. (h).

EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109-58, title XV, Sec. 1530(b), Aug. 8, 2005, 119 Stat.
1104, provided that: "This subsection [probably means this section,
which amended this section and section 6991e of this title and
enacted provisions set out as notes under this section] shall take
effect 18 months after the date of enactment of this subsection
[Aug. 8, 2005]."

EFFECTIVE DATE OF 1996 AMENDMENT
Section 2505 of div. A of Pub. L. 104-208 provided that: "The
amendments made by this subtitle [subtitle E (Secs. 2501-2505) of
title II of div. A of Pub. L. 104-208, amending this section and
sections 9601 and 9607 of this title] shall be applicable with
respect to any claim that has not been finally adjudicated as of
the date of enactment of this Act [Sept. 30, 1996]."

REGULATIONS
Pub. L. 109-58, title XV, Sec. 1530(c), Aug. 8, 2005, 119 Stat.
1104, provided that: "The Administrator shall issue regulations or
guidelines implementing the requirements of this subsection
[probably means this section, which amended this section and
section 6991e of this title and enacted provisions set out as notes
under this section], including guidance to differentiate between
the terms 'repair' and 'replace' for the purposes of section
9003(i)(1) of the Solid Waste Disposal Act [42 U.S.C.
6991b(i)(1)]."

ASSISTANCE AGREEMENTS WITH INDIAN TRIBES
Pub. L. 105-276, title III, Oct. 21, 1998, 112 Stat. 2497,
provided in part: "That hereafter, the Administrator is authorized
to enter into assistance agreements with Federally recognized
Indian tribes on such terms and conditions as the Administrator
deems appropriate for the same purposes as are set forth in section
9003(h)(7) of the Resource Conservation and Recovery Act [probably
means section 9003(h)(7) of Pub. L. 89-272, 42 U.S.C.
6991b(h)(7)]."

POLLUTION LIABILITY INSURANCE
Section 205(h) of Pub. L. 99-499 provided that:
"(1) Study. - The Comptroller General shall conduct a study of
the availability of pollution liability insurance, leak insurance,
and contamination insurance for owners and operators of petroleum
storage and distribution facilities. The study shall assess the
current and projected extent to which private insurance can
contribute to the financial responsibility of owners and operators
of underground storage tanks and the ability of owners and
operators of underground storage tanks to maintain financial
responsibility through other methods. The study shall consider the
experience of owners and operators of marine vessels in getting
insurance for their liabilities under the Federal Water Pollution
Control Act [33 U.S.C. 1251 et seq.] and the operation of the Water
Quality Insurance Syndicate.
"(2) Report. - The Comptroller General shall report the findings
under this subsection to the Congress within 15 months after the
enactment of this subsection [Oct. 17, 1986]. Such report shall
include recommendations for legislative or administrative changes
that will enable owners and operators of underground storage tanks
to maintain financial responsibility sufficient to provide all
clean-up costs and damages that may result from reasonably
foreseeable releases and events."

-FOOTNOTE-
(!1) So in original.



(!2) So in original. Probably should be "medium."


-End-



-CITE-
42 USC Sec. 6991c 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
Sec. 6991c. Approval of State programs

-STATUTE-
(a) Elements of State program
Beginning 30 months after November 8, 1984, any State may,(!1)
submit an underground storage tank release detection, prevention,
and correction program for review and approval by the
Administrator. The program may cover tanks used to store regulated
substances referred to in subparagraph (A) or (B) of section
6991(7) of this title. A State program may be approved by the
Administrator under this section only if the State demonstrates
that the State program includes the following requirements and
standards and provides for adequate enforcement of compliance with
such requirements and standards -

(1) requirements for maintaining a leak detection system, an
inventory control system together with tank testing, or a
comparable system or method designed to identify releases in a
manner consistent with the protection of human health and the
environment;
(2) requirements for maintaining records of any monitoring or
leak detection system or inventory control system or tank testing
system;
(3) requirements for reporting of any releases and corrective
action taken in response to a release from an underground storage
tank;
(4) requirements for taking corrective action in response to a
release from an underground storage tank;
(5) requirements for the closure of tanks to prevent future
releases of regulated substances into the environment;
(6) requirements for maintaining evidence of financial
responsibility for taking corrective action and compensating
third parties for bodily injury and property damage caused by
sudden and nonsudden accidental releases arising from operating
an underground storage tank;
(7) standards of performance for new underground storage tanks;
(8) requirements -
(A) for notifying the appropriate State agency or department
(or local agency or department) designated according to section
6991a(b)(1) of this title of the existence of any operational
or non-operational underground storage tank; and
(B) for providing the information required on the form issued
pursuant to section 6991a(b)(2) of this title; and

(9) State-specific training requirements as required by section
6991i of this title.
(b) Federal standards
(1) A State program submitted under this section may be approved
only if the requirements under paragraphs (1) through (7) of
subsection (a) of this section are no less stringent than the
corresponding requirements standards promulgated by the
Administrator pursuant to section 6991b(a) of this title.
(2)(A) A State program may be approved without regard to whether
or not the requirements referred to in paragraphs (1), (2), (3),
and (5) of subsection (a) of this section are less stringent than
the corresponding standards under section 6991b(a) of this title
during the one-year period commencing on the date of promulgation
of regulations under section 6991b(a) of this title if State
regulatory action but no State legislative action is required in
order to adopt a State program.
(B) If such State legislative action is required, the State
program may be approved without regard to whether or not the
requirements referred to in paragraphs (1), (2), (3), and (5) of
subsection (a) of this section are less stringent than the
corresponding standards under section 6991b(a) of this title during
the two-year period commencing on the date of promulgation of
regulations under section 6991b(a) of this title (and during an
additional one-year period after such legislative action if
regulations are required to be promulgated by the State pursuant to
such legislative action).
(c) Financial responsibility
(1) Corrective action and compensation programs administered by
State or local agencies or departments may be submitted for
approval under subsection (a)(6) of this section as evidence of
financial responsibility.
(2) Financial responsibility required by this subsection 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, qualification
as a self-insurer or any other method satisfactory to the
Administrator. In promulgating requirements under this subsection,
the Administrator is authorized to specify policy or other
contractual terms including the amount of coverage required for
various classes and categories of underground storage tanks
pursuant to section 6991b(d)(5) of this title, conditions, or
defenses which are necessary or are unacceptable in establishing
such evidence of financial responsibility in order to effectuate
the purposes of this subchapter.
(3) 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 of the Federal courts 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 subsection may be asserted directly
against the guarantor providing such evidence of financial
responsibility. In the case of any action pursuant to this
paragraph 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.
(4) 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
section. 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.
(5) 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 subsection.
(6) Withdrawal of approval. - After an opportunity for good
faith, collaborative efforts to correct financial deficiencies with
a State fund, the Administrator may withdraw approval of any State
fund or State assurance program to be used as a financial
responsibility mechanism without withdrawing approval of a State
underground storage tank program under subsection (a) of this
section.
(d) EPA determination
(1) Within one hundred and eighty days of the date of receipt of
a proposed State program, the Administrator shall, after notice and
opportunity for public comment, make a determination whether the
State's program complies with the provisions of this section and
provides for adequate enforcement of compliance with the
requirements and standards adopted pursuant to this section.
(2) If the Administrator determines that a State program complies
with the provisions of this section and provides for adequate
enforcement of compliance with the requirements and standards
adopted pursuant to this section, he shall approve the State
program in lieu of the Federal program and the State shall have
primary enforcement responsibility with respect to requirements of
its program.
(e) Withdrawal of authorization
Whenever the Administrator determines after public hearing that a
State is not administering and enforcing a program authorized under
this subchapter in accordance with the provisions of this section,
he shall so notify the State. If appropriate action is not taken
within a reasonable time, not to exceed one hundred and twenty days
after such notification, the Administrator shall withdraw approval
of such program and reestablish the Federal program pursuant to
this subchapter.
(f) Trust Fund distribution
(1) In general
(A) Amount and permitted uses of distribution
The Administrator shall distribute to States not less than 80
percent of the funds from the Trust Fund that are made
available to the Administrator under section 6991m(2)(A) of
this title for each fiscal year for use in paying the
reasonable costs, incurred under a cooperative agreement with
any State for -
(i) corrective actions taken by the State under section
6991b(h)(7)(A) of this title;
(ii) necessary administrative expenses, as determined by
the Administrator, that are directly related to State fund or
State assurance programs under subsection (c)(1) of this
section; or
(iii) enforcement, by a State or a local government, of
State or local regulations pertaining to underground storage
tanks regulated under this subchapter.
(B) Use of funds for enforcement
In addition to the uses of funds authorized under
subparagraph (A), the Administrator may use funds from the
Trust Fund that are not distributed to States under
subparagraph (A) for enforcement of any regulation promulgated
by the Administrator under this subchapter.
(C) Prohibited uses
Funds provided to a State by the Administrator under
subparagraph (A) shall not be used by the State to provide
financial assistance to an owner or operator to meet any
requirement relating to underground storage tanks under
subparts B, C, D, H, and G of part 280 of title 40, Code of
Federal Regulations (as in effect on August 8, 2005).
(2) Allocation
(A) Process
Subject to subparagraphs (B) and (C), in the case of a State
with which the Administrator has entered into a cooperative
agreement under section 6991b(h)(7)(A) of this title, the
Administrator shall distribute funds from the Trust Fund to the
State using an allocation process developed by the
Administrator.
(B) Diversion of State funds
The Administrator shall not distribute funds under
subparagraph (A)(iii) of subsection (f)(1) of this section to
any State that has diverted funds from a State fund or State
assurance program for purposes other than those related to the
regulation of underground storage tanks covered by this
subchapter, with the exception of those transfers that had been
completed earlier than August 8, 2005.
(C) Revisions to process
The Administrator may revise the allocation process referred
to in subparagraph (A) after -
(i) consulting with State agencies responsible for
overseeing corrective action for releases from underground
storage tanks; and
(ii) taking into consideration, at a minimum, each of the
following:
(I) The number of confirmed releases from federally
regulated leaking underground storage tanks in the States.
(II) The number of federally regulated underground
storage tanks in the States.
(III) The performance of the States in implementing and
enforcing the program.
(IV) The financial needs of the States.
(V) The ability of the States to use the funds referred
to in subparagraph (A) in any year.
(3) Distributions to State agencies
Distributions from the Trust Fund under this subsection shall
be made directly to a State agency that -
(A) enters into a cooperative agreement referred to in
paragraph (2)(A); or
(B) is enforcing a State program approved under this section.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 9004, as added Pub. L. 98-616,
title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3282; amended Pub. L.
99-499, title II, Sec. 205(e), Oct. 17, 1986, 100 Stat. 1702; Pub.
L. 109-58, title XV, Secs. 1522(a), (b), 1524(b), 1533(3), Aug. 8,
2005, 119 Stat. 1092, 1093, 1096, 1105.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Bankruptcy Code, referred to in subsec. (c)(3),
probably means a reference to Title 11, Bankruptcy.


-MISC1-
AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-58, Sec. 1533(3), substituted "in
subparagraph (A) or (B) of section 6991(7)" for "in 6991(2)(A) or
(B) or both".
Subsec. (a)(9). Pub. L. 109-58, Sec. 1524(b), added par. (9).
Subsec. (c)(6). Pub. L. 109-58, Sec. 1522(b), added par. (6).
Subsec. (f). Pub. L. 109-58, Sec. 1522(a), added subsec. (f).
1986 - Subsec. (c)(1). Pub. L. 99-499, Sec. 205(e)(1), struck out
"financed by fees on tank owners and operators and" after
"compensation programs".
Subsec. (c)(2). Pub. L. 99-499, Sec. 205(e)(2), struck out "or"
after "letter of credit," and inserted "or any other method
satisfactory to the Administrator" and "including the amount of
coverage required for various classes and categories of underground
storage tanks pursuant to section 6991b(d)(5) of this title".

-FOOTNOTE-
(!1) So in original. The comma probably should not appear.


-End-



-CITE-
42 USC Sec. 6991d 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
Sec. 6991d. Inspections, monitoring, testing, and corrective action

-STATUTE-
(a) Furnishing information
For the purposes of developing or assisting in the development of
any regulation, conducting any study, taking any corrective action,
or enforcing the provisions of this subchapter, any owner or
operator of an underground storage tank (or any tank subject to
study under section 6991h of this title that is used for storing
regulated substances) 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 acting
pursuant to subsection (h)(7) of section 6991b of this title or
with an approved program, furnish information relating to such
tanks, their associated equipment, their contents, conduct
monitoring or testing, permit such officer at all reasonable times
to have access to, and to copy all records relating to such tanks
and permit such officer to have access for corrective action. For
the purposes of developing or assisting in the development of any
regulation, conducting any study, taking corrective action, or
enforcing the provisions of this subchapter, such officers,
employees, or representatives are authorized -
(1) to enter at reasonable times any establishment or other
place where an underground storage tank is located;
(2) to inspect and obtain samples from any person of any
regulated substances contained in such tank;
(3) to conduct monitoring or testing of the tanks, associated
equipment, contents, or surrounding soils, air, surface water or
ground water; and
(4) to take corrective action.

Each such inspection shall be commenced and completed with
reasonable promptness.
(b) Confidentiality
(1) Any records, reports, or information obtained from any
persons 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 a 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 subchapter, 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 subchapter.

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 (including records, reports, or information
obtained by representatives of the Environmental Protection
Agency).
(c) Inspection requirements
(1) Uninspected tanks
In the case of underground storage tanks regulated under this
subchapter that have not undergone an inspection since December
22, 1998, not later than 2 years after August 8, 2005, the
Administrator or a State that receives funding under this
subchapter, as appropriate, shall conduct on-site inspections of
all such tanks to determine compliance with this subchapter and
the regulations under this subchapter (40 CFR 280) or a
requirement or standard of a State program developed under
section 6991c of this title.
(2) Periodic inspections
After completion of all inspections required under paragraph
(1), the Administrator or a State that receives funding under
this subchapter, as appropriate, shall conduct on-site
inspections of each underground storage tank regulated under this
subchapter at least once every 3 years to determine compliance
with this subchapter and the regulations under this subchapter
(40 CFR 280) or a requirement or standard of a State program
developed under section 6991c of this title. The Administrator
may extend for up to one additional year the first 3-year
inspection interval under this paragraph if the State
demonstrates that it has insufficient resources to complete all
such inspections within the first 3-year period.
(3) Inspection authority
Nothing in this section shall be construed to diminish the
Administrator's or a State's authorities under subsection (a) of
this section.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 9005, as added Pub. L. 98-616,
title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3284; amended Pub. L.
99-499, title II, Sec. 205(f), Oct. 17, 1986, 100 Stat. 1702; Pub.
L. 109-58, title XV, Secs. 1523(a), 1533(4), Aug. 8, 2005, 119
Stat. 1094, 1105.)


-MISC1-
AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-58, Sec. 1533(4)(A), substituted
"study, taking" for "study taking" in introductory provisions.
Subsec. (b)(1). Pub. L. 109-58, Sec. 1533(4)(B), substituted
"relevant" for "relevent".
Subsec. (b)(4). Pub. L. 109-58, Sec. 1533(4)(C), substituted
"Environmental" for "Evironmental".
Subsec. (c). Pub. L. 109-58, Sec. 1523(a), added subsec. (c).
1986 - Pub. L. 99-499, Sec. 205(f)(3), inserted reference to
corrective action in section catchline.
Subsec. (a). Pub. L. 99-499, Sec. 205(f)(1), in first sentence,
inserted "taking any corrective action" after "conducting any
study", inserted "acting pursuant to subsection (h)(7) of section
6991b of this title or", struck out "and" before "permit such
officer", and inserted "and permit such officer to have access for
corrective action", and in second sentence, inserted "taking
corrective action," after "study,". The amendment directing
insertion of "taking any corrective action" after "study" in first
sentence was executed by inserting that language after "conducting
any study" rather than after "subject to study", as the probable
intent of Congress.
Subsec. (a)(4). Pub. L. 99-499, Sec. 205(f)(2), added par. (4).

-End-



-CITE-
42 USC Sec. 6991e 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
Sec. 6991e. 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 is in
violation of any requirement of this subchapter, the Administrator
may issue an order requiring compliance within a reasonable
specified time period or the Administrator may commence a civil
action in the United States district court 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 with a program
approved under section 6991c 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) If a violator fails to comply with an order under this
subsection 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.
(b) Procedure
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 subpoenas for the attendance and testimony of witnesses
and the production of relevant papers, books, and documents, and
may promulgate rules for discovery procedures.
(c) Contents of order
Any order issued under this section shall state with reasonable
specificity the nature of the violation, specify a reasonable time
for compliance, and assess a penalty, if any, which the
Administrator determines is reasonable taking into account the
seriousness of the violation and any good faith efforts to comply
with the applicable requirements.
(d) Civil penalties
(1) Any owner who knowingly fails to notify or submits false
information pursuant to section 6991a(a) of this title shall be
subject to a civil penalty not to exceed $10,000 for each tank for
which notification is not given or false information is submitted.
(2) Any owner or operator of an underground storage tank who
fails to comply with -
(A) any requirement or standard promulgated by the
Administrator under section 6991b of this title;
(B) any requirement or standard of a State program approved
pursuant to section 6991c of this title;
(C) the provisions of section 6991b(g) of this title (entitled
"Interim Prohibition"); or (!1)

(D) (!2) the requirements established in section 6991b(i) of
this title, (!3)


(D) (!2) the training requirements established by States
pursuant to section 6991i of this title (relating to operator
training); or
(E) the delivery prohibition requirement established by section
6991k of this title,

shall be subject to a civil penalty not to exceed $10,000 for each
tank for each day of violation. Any person making or accepting a
delivery or deposit of a regulated substance to an underground
storage tank at an ineligible facility in violation of section
6991k of this title shall also be subject to the same civil penalty
for each day of such violation.
(e) Incentive for performance
Both of the following may be taken into account in determining
the terms of a civil penalty under subsection (d) of this section:
(1) The compliance history of an owner or operator in
accordance with this subchapter or a program approved under
section 6991c of this title.
(2) Any other factor the Administrator considers appropriate.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 9006, as added Pub. L. 98-616,
title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3285; Pub. L. 109-58,
title XV, Secs. 1524(c), 1526(d), 1527(b), 1530(d), Aug. 8, 2005,
119 Stat. 1096, 1098, 1099, 1104.)


-MISC1-
AMENDMENTS
2005 - Subsec. (d)(2). Pub. L. 109-58, Sec. 1527(b)(2), inserted
at end "Any person making or accepting a delivery or deposit of a
regulated substance to an underground storage tank at an ineligible
facility in violation of section 6991k of this title shall also be
subject to the same civil penalty for each day of such violation."
Subsec. (d)(2)(B). Pub. L. 109-58, Sec. 1530(d)(1), which
directed amendment of subpar. (B) by striking out "or" at end,
could not be executed because "or" did not appear subsequent to
amendment by Pub. L. 109-58, Sec. 1524(c)(1). See below.
Pub. L. 109-58, Sec. 1524(c)(1), struck out "or" at end.
Subsec. (d)(2)(C). Pub. L. 109-58, Sec. 1530(d)(2), inserted ";
or" at end.
Subsec. (d)(2)(D). Pub. L. 109-58, Sec. 1530(d)(3), added subpar.
(D) relating to requirements established in section 6991b(i) of
this title.
Pub. L. 109-58, Sec. 1524(c)(2), added subpar. (D) relating to
training requirements established by States pursuant to section
6991i of this title.
Subsec. (d)(2)(E). Pub. L. 109-58, Sec. 1527(b)(1), added subpar.
(E).
Subsec. (e). Pub. L. 109-58, Sec. 1526(d), added subsec. (e).

EFFECTIVE DATE OF 2005 AMENDMENT
Amendment by section 1530(d) of Pub. L. 109-58 effective 18
months after Aug. 8, 2005, see section 1530(b) of Pub. L. 109-58,
set out as a note under section 6991b of this title.

-FOOTNOTE-

(!1) So in original. The word "or" probably should not appear.



(!2) So in original. Two subpars. (D) have been enacted.

(!3) So in original. The comma probably should be a semicolon.


-End-



-CITE-
42 USC Sec. 6991f 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
Sec. 6991f. Federal facilities

-STATUTE-
(a) In general
Each department, agency, and instrumentality of the executive,
legislative, and judicial branches of the Federal Government (1)
having jurisdiction over any underground storage tank or
underground storage tank system, or (2) engaged in any activity
resulting, or which may result, in the installation, operation,
management, or closure of any underground storage tank, release
response activities related thereto, or in the delivery,
acceptance, or deposit of any regulated substance to an underground
storage tank or underground storage tank system shall be subject
to, and comply with, all Federal, State, interstate, and local
requirements, both substantive and procedural (including any
requirement for permits or reporting or any provisions for
injunctive relief and such sanctions as may be imposed by a court
to enforce such relief), respecting underground storage tanks in
the same manner, and to the same extent, as any person is subject
to such requirements, including the payment of reasonable service
charges. The Federal, State, interstate, and local substantive and
procedural requirements referred to in this subsection include, but
are not limited to, all administrative orders and all civil and
administrative penalties and fines, regardless of whether such
penalties or fines are punitive or coercive in nature or are
imposed for isolated, intermittent, or continuing violations. The
United States hereby expressly waives any immunity otherwise
applicable to the United States with respect to any such
substantive or procedural requirement (including, but not limited
to, any injunctive relief, administrative order or civil or
administrative penalty or fine referred to in the preceding
sentence, or reasonable service charge). The reasonable service
charges referred to in this subsection include, but are not limited
to, fees or charges assessed in connection with the processing and
issuance of permits, renewal of permits, amendments to permits,
review of plans, studies, and other documents, and inspection and
monitoring of facilities, as well as any other nondiscriminatory
charges that are assessed in connection with a Federal, State,
interstate, or local underground storage tank regulatory program.
Neither the United States, nor any agent, employee, or officer
thereof, shall be immune or exempt from any process or sanction of
any State or Federal Court with respect to the enforcement of any
such injunctive relief. No agent, employee, or officer of the
United States shall be personally liable for any civil penalty
under any Federal, State, interstate, or local law concerning
underground storage tanks with respect to any act or omission
within the scope of the official duties of the agent, employee, or
officer. An agent, employee, or officer of the United States shall
be subject to any criminal sanction (including, but not limited to,
any fine or imprisonment) under any Federal or State law concerning
underground storage tanks, but no department, agency, or
instrumentality of the executive, legislative, or judicial branch
of the Federal Government shall be subject to any such sanction.
The President may exempt any underground storage tank of any
department, agency, or instrumentality in the executive branch from
compliance with such a requirement if he determines it to be in the
paramount interest of the United States to do so. No such exemption
shall be granted due to lack of appropriation unless the President
shall have specifically requested such appropriation as a part of
the budgetary process and the Congress shall have failed to make
available such requested appropriation. Any exemption shall be for
a period not in excess of 1 year, but additional exemptions may be
granted for periods not to exceed 1 year upon the President's
making a new determination. The President shall report each January
to the Congress all exemptions from the requirements of this
section granted during the preceding calendar year, together with
his reason for granting each such exemption.
(b) Review of and report on Federal underground storage tanks
(1) Review
Not later than 12 months after August 8, 2005, each Federal
agency that owns or operates one or more underground storage
tanks, or that manages land on which one or more underground
storage tanks are located, shall submit to the Administrator, the
Committee on Energy and Commerce of the United States House of
Representatives, and the Committee on the Environment and Public
Works of the Senate a compliance strategy report that -
(A) lists the location and owner of each underground storage
tank described in this paragraph;
(B) lists all tanks that are not in compliance with this
subchapter that are owned or operated by the Federal agency;
(C) specifies the date of the last inspection by a State or
Federal inspector of each underground storage tank owned or
operated by the agency;
(D) lists each violation of this subchapter respecting any
underground storage tank owned or operated by the agency;
(E) describes the operator training that has been provided to
the operator and other persons having primary daily on-site
management responsibility for the operation and maintenance of
underground storage tanks owned or operated by the agency; and
(F) describes the actions that have been and will be taken to
ensure compliance for each underground storage tank identified
under subparagraph (B).
(2) Not a safe harbor
This subsection does not relieve any person from any obligation
or requirement under this subchapter.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 9007, as added Pub. L. 98-616,
title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3286; amended Pub. L.
109-58, title XV, Sec. 1528, Aug. 8, 2005, 119 Stat. 1100.)


-MISC1-
AMENDMENTS
2005 - Pub. L. 109-58 amended section generally. Prior to
amendment, section required each department, agency, and
instrumentality of the executive, legislative, and judicial
branches of the Federal Government having jurisdiction over any
underground storage tank to comply with all Federal, State,
interstate, and local requirements, applicable to such tank, both
substantive and procedural, in the same manner, and to the same
extent, as any other person is subject to such requirements,
including payment of reasonable service charges, provided that
neither the United States, nor any agent, employee, or officer
thereof, was immune or exempt from any process or sanction of any
State or Federal court with respect to the enforcement of any such
injunctive relief, and authorized the President to exempt any tank
from compliance with such requirements upon certain determinations.

-End-



-CITE-
42 USC Sec. 6991g 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
Sec. 6991g. State authority

-STATUTE-
Nothing in this subchapter shall preclude or deny any right of
any State or political subdivision thereof to adopt or enforce any
regulation, requirement, or standard of performance respecting
underground storage tanks that is more stringent than a regulation,
requirement, or standard of performance in effect under this
subchapter or to impose any additional liability with respect to
the release of regulated substances within such State or political
subdivision.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 9008, as added Pub. L. 98-616,
title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3286; amended Pub. L.
99-499, title II, Sec. 205(g), Oct. 17, 1986, 100 Stat. 1702.)


-MISC1-
AMENDMENTS
1986 - Pub. L. 99-499 amended section generally. Prior to
amendment, section read as follows: "Nothing in this subchapter
shall preclude or deny any right of any State or political
subdivision thereof to adopt or enforce any regulation, requirement
or standard of performance respecting underground storage tanks
that is more stringent than a regulation, requirement, or standard
of performance in effect under this subchapter."

-End-



-CITE-
42 USC Sec. 6991h 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
Sec. 6991h. Study of underground storage tanks

-STATUTE-
(a) Petroleum tanks
Not later than twelve months after November 8, 1984, the
Administrator shall complete a study of underground storage tanks
used for the storage of regulated substances defined in section
6991(7)(B) of this title.
(b) Other tanks
Not later than thirty-six months after November 8, 1984, the
Administrator shall complete a study of all other underground
storage tanks.
(c) Elements of studies
The studies under subsections (a) and (b) of this section shall
include an assessment of the ages, types (including methods of
manufacture, coatings, protection systems, the compatibility of the
construction materials and the installation methods) and locations
(including the climate of the locations) of such tanks; soil
conditions, water tables, and the hydrogeology of tank locations;
the relationship between the foregoing factors and the likelihood
of releases from underground storage tanks; the effectiveness and
costs of inventory systems, tank testing, and leak detection
systems; and such other factors as the Administrator deems
appropriate.
(d) Farm and heating oil tanks
Not later than thirty-six months after November 8, 1984, the
Administrator shall conduct a study regarding the tanks referred to
in subparagraphs (A) and (B) of section 6991(10) of this title.
Such study shall include estimates of the number and location of
such tanks and an analysis of the extent to which there may be
releases or threatened releases from such tanks into the
environment.
(e) Reports
Upon completion of the studies authorized by this section, the
Administrator shall submit reports to the President and to the
Congress containing the results of the studies and recommendations
respecting whether or not such tanks should be subject to the
preceding provisions of this subchapter.
(f) Reimbursement
(1) If any owner or operator (excepting an agency, department, or
instrumentality of the United States Government, a State or a
political subdivision thereof) shall incur costs, including the
loss of business opportunity, due to the closure or interruption of
operation of an underground storage tank solely for the purpose of
conducting studies authorized by this section, the Administrator
shall provide such person fair and equitable reimbursement for such
costs.
(2) All claims for reimbursement shall be filed with the
Administrator not later than ninety days after the closure or
interruption which gives rise to the claim.
(3) Reimbursements made under this section shall be from funds
appropriated by the Congress pursuant to the authorization
contained in section 6916(g) (!1) of this title.

(4) For purposes of judicial review, a determination by the
Administrator under this subsection shall be considered final
agency action.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 9009, as added Pub. L. 98-616,
title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3287; amended Pub. L.
109-58, title XV, Sec. 1532(b)(3), Aug. 8, 2005, 119 Stat. 1105.)

-REFTEXT-
REFERENCES IN TEXT
Section 6916(g) of this title, referred to in subsec. (f)(3),
probably means section 6916(f) of this title which authorizes
appropriations for this subchapter. There is no subsec. (g) of
section 6916.


-MISC1-
AMENDMENTS
2005 - Subsec. (a). Pub. L. 109-58, Sec. 1532(b)(3)(A),
substituted "6991(7)(B)" for "6991(2)(B)".
Subsec. (d). Pub. L. 109-58, Sec. 1532(b)(3)(B), substituted
"subparagraphs (A) and (B) of section 6991(10)" for "section
6991(1)(A) and (B)".

-FOOTNOTE-
(!1) See References in Text note below.


-End-



-CITE-
42 USC Sec. 6991i 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
Sec. 6991i. Operator training

-STATUTE-
(a) Guidelines
(1) In general
Not later than 2 years after August 8, 2005, in consultation
and cooperation with States and after public notice and
opportunity for comment, the Administrator shall publish
guidelines that specify training requirements for -
(A) persons having primary responsibility for on-site
operation and maintenance of underground storage tank systems;
(B) persons having daily on-site responsibility for the
operation and maintenance of underground storage tanks systems;
and
(C) daily, on-site employees having primary responsibility
for addressing emergencies presented by a spill or release from
an underground storage tank system.
(2) Considerations
The guidelines described in paragraph (1) shall take into
account -
(A) State training programs in existence as of the date of
publication of the guidelines;
(B) training programs that are being employed by tank owners
and tank operators as of August 8, 2005;
(C) the high turnover rate of tank operators and other
personnel;
(D) the frequency of improvement in underground storage tank
equipment technology;
(E) the nature of the businesses in which the tank operators
are engaged;
(F) the substantial differences in the scope and length of
training needed for the different classes of persons described
in subparagraphs (A), (B), and (C) of paragraph (1); and
(G) such other factors as the Administrator determines to be
necessary to carry out this section.
(b) State programs
(1) In general
Not later than 2 years after the date on which the
Administrator publishes the guidelines under subsection (a)(1) of
this section, each State that receives funding under this
subchapter shall develop State-specific training requirements
that are consistent with the guidelines developed under
subsection (a)(1) of this section.
(2) Requirements
State requirements described in paragraph (1) shall -
(A) be consistent with subsection (a) of this section;
(B) be developed in cooperation with tank owners and tank
operators;
(C) take into consideration training programs implemented by
tank owners and tank operators as of August 8, 2005; and
(D) be appropriately communicated to tank owners and
operators.
(3) Financial incentive
The Administrator may award to a State that develops and
implements requirements described in paragraph (1), in addition
to any funds that the State is entitled to receive under this
subchapter, not more than $200,000, to be used to carry out the
requirements.
(c) Training
All persons that are subject to the operator training
requirements of subsection (a) of this section shall -
(1) meet the training requirements developed under subsection
(b) of this section; and
(2) repeat the applicable requirements developed under
subsection (b) of this section, if the tank for which they have
primary daily on-site management responsibilities is determined
to be out of compliance with -
(A) a requirement or standard promulgated by the
Administrator under section 6991b of this title; or
(B) a requirement or standard of a State program approved
under section 6991c of this title.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 9010, as added Pub. L. 98-616,
title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3287; amended Pub. L.
109-58, title XV, Sec. 1524(a), Aug. 8, 2005, 119 Stat. 1095.)

-REFTEXT-
REFERENCES IN TEXT
August 8, 2005, referred to in subsec. (b)(2)(C), was in the
original "the date of enactment of this section", which was
translated as meaning the date of enactment of Pub. L. 109-58,
which amended this section generally, to reflect the probable
intent of Congress.


-MISC1-
AMENDMENTS
2005 - Pub. L. 109-58 amended section catchline and text
generally. Prior to amendment, text read as follows: "For
authorization of appropriations to carry out this subchapter, see
section 6916(g) of this title."

-End-



-CITE-
42 USC Sec. 6991j 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
Sec. 6991j. Use of funds for release prevention and compliance

-STATUTE-
Funds made available under section 6991m(2)(D) of this title from
the Trust Fund may be used to conduct inspections, issue orders, or
bring actions under this subchapter -
(1) by a State, in accordance with a grant or cooperative
agreement with the Administrator, of (!1) State regulations
pertaining to underground storage tanks regulated under this
subchapter; and

(2) by the Administrator, for tanks regulated under this
subchapter (including under a State program approved under
section 6991c of this title).

-SOURCE-
(Pub. L. 89-272, title II, Sec. 9011, as added Pub. L. 109-58,
title XV, Sec. 1526(a), Aug. 8, 2005, 119 Stat. 1097.)

-FOOTNOTE-
(!1) So in original.


-End-



-CITE-
42 USC Sec. 6991k 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
Sec. 6991k. Delivery prohibition

-STATUTE-
(a) Requirements
(1) Prohibition of delivery or deposit
Beginning 2 years after August 8, 2005, it shall be unlawful to
deliver to, deposit into, or accept a regulated substance into an
underground storage tank at a facility which has been identified
by the Administrator or a State implementing agency to be
ineligible for such delivery, deposit, or acceptance.
(2) Guidance
Within 1 year after August 8, 2005, the Administrator shall, in
consultation with the States, underground storage tank owners,
and product delivery industries, publish guidelines detailing the
specific processes and procedures they will use to implement the
provisions of this section. The processes and procedures include,
at a minimum -
(A) the criteria for determining which underground storage
tank facilities are ineligible for delivery, deposit, or
acceptance of a regulated substance;
(B) the mechanisms for identifying which facilities are
ineligible for delivery, deposit, or acceptance of a regulated
substance to the underground storage tank owning and fuel
delivery industries;
(C) the process for reclassifying ineligible facilities as
eligible for delivery, deposit, or acceptance of a regulated
substance;
(D) one or more processes for providing adequate notice to
underground storage tank owners and operators and supplier
industries that an underground storage tank has been determined
to be ineligible for delivery, deposit, or acceptance of a
regulated substance; and
(E) a delineation of, or a process for determining, the
specified geographic areas subject to paragraph (4).
(3) Compliance
States that receive funding under this subchapter shall, at a
minimum, comply with the processes and procedures published under
paragraph (2).
(4) Consideration
(A) Rural and remote areas
Subject to subparagraph (B), the Administrator or a State may
consider not treating an underground storage tank as ineligible
for delivery, deposit, or acceptance of a regulated substance
if such treatment would jeopardize the availability of, or
access to, fuel in any rural and remote areas unless an urgent
threat to public health, as determined by the Administrator,
exists.
(B) Applicability
Subparagraph (A) shall apply only during the 180-day period
following the date of a determination by the Administrator or
the appropriate State under subparagraph (A).
(b) Effect on State authority
Nothing in this section shall affect or preempt the authority of
a State to prohibit the delivery, deposit, or acceptance of a
regulated substance to an underground storage tank.
(c) Defense to violation
A person shall not be in violation of subsection (a)(1) of this
section if the person has not been provided with notice pursuant to
subsection (a)(2)(D) of this section of the ineligibility of a
facility for delivery, deposit, or acceptance of a regulated
substance as determined by the Administrator or a State, as
appropriate, under this section.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 9012, as added Pub. L. 109-58,
title XV, Sec. 1527(a), Aug. 8, 2005, 119 Stat. 1098; amended Pub.
L. 109-168, Sec. 1(a)(1), Jan. 10, 2006, 119 Stat. 3580.)


-MISC1-
AMENDMENTS
2006 - Subsec. (a)(2)(D). Pub. L. 109-168 substituted "of a
regulated" for "or a regulated".

-End-



-CITE-
42 USC Sec. 6991l 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
Sec. 6991l. Tanks on tribal lands

-STATUTE-
(a) Strategy
The Administrator, in coordination with Indian tribes, shall, not
later than 1 year after August 8, 2005, develop and implement a
strategy -
(1) giving priority to releases that present the greatest
threat to human health or the environment, to take necessary
corrective action in response to releases from leaking
underground storage tanks located wholly within the boundaries of
-
(A) an Indian reservation; or
(B) any other area under the jurisdiction of an Indian tribe;
and

(2) to implement and enforce requirements concerning
underground storage tanks located wholly within the boundaries of
-
(A) an Indian reservation; or
(B) any other area under the jurisdiction of an Indian tribe.
(b) Report
Not later than 2 years after August 8, 2005, the Administrator
shall submit to Congress a report that summarizes the status of
implementation and enforcement of this subchapter in areas located
wholly within -
(1) the boundaries of Indian reservations; and
(2) any other areas under the jurisdiction of an Indian tribe.

The Administrator shall make the report under this subsection
available to the public.
(c) Not a safe harbor
This section does not relieve any person from any obligation or
requirement under this subchapter.
(d) State authority
Nothing in this section applies to any underground storage tank
that is located in an area under the jurisdiction of a State, or
that is subject to regulation by a State, as of August 8, 2005.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 9013, as added Pub. L. 109-58,
title XV, Sec. 1529(a), Aug. 8, 2005, 119 Stat. 1101.)

-End-



-CITE-
42 USC Sec. 6991m 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-
Sec. 6991m. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated to the Administrator the
following amounts:
(1) To carry out this subchapter (except sections 6991b(h),
6991d(c), 6991j, and 6991k of this title) $50,000,000 for each of
fiscal years 2006 through 2011.
(2) From the Trust Fund -
(A) to carry out section 6991b(h) of this title (except
section 6991b(h)(12) of this title) $200,000,000 for each of
fiscal years 2006 through 2011;
(B) to carry out section 6991b(h)(12) of this title,
$200,000,000 for each of fiscal years 2006 through 2011;
(C) to carry out sections 6991b(i), 6991c(f), and 6991d(c) of
this title $100,000,000 for each of fiscal years 2006 through
2011; and
(D) to carry out sections 6991i, 6991j, 6991k, and 6991l of
this title $55,000,000 for each of fiscal years 2006 through
2011.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 9014, as added Pub. L. 109-58,
title XV, Sec. 1531(a), Aug. 8, 2005, 119 Stat. 1104; amended Pub.
L. 109-168, Sec. 1(a)(3), Jan. 10, 2006, 119 Stat. 3580; Pub. L.
109-432, div. A, title II, Sec. 210(b), Dec. 20, 2006, 120 Stat.
2947; Pub. L. 109-433, Sec. 1(b), Dec. 20, 2006, 120 Stat. 3196.)


-MISC1-
AMENDMENTS
2006 - Par. (2). Pub. L. 109-432 and Pub. L. 109-433 amended par.
(2) identically, substituting "Fund" for "Fund, notwithstanding
section 9508(c)(1) of title 26" in introductory provisions.
Pub. L. 109-168 substituted "2006 through 2011" for "2005 through
2009" wherever appearing.

-End-


-CITE-
42 USC SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE
TRACKING PROGRAM 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-
SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-End-



-CITE-
42 USC Sec. 6992 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-
Sec. 6992. Scope of demonstration program for medical waste

-STATUTE-
(a) Covered States
The States within the demonstration program established under
this subchapter for tracking medical wastes shall be New York, New
Jersey, Connecticut, the States contiguous to the Great Lakes and
any State included in the program through the petition procedure
described in subsection (c) of this section, except for any of such
States in which the Governor notifies the Administrator under
subsection (b) of this section that such State shall not be covered
by the program.
(b) Opt out
(1) If the Governor of any State covered under subsection (a) of
this section which is not contiguous to the Atlantic Ocean notifies
the Administrator that such State elects not to participate in the
demonstration program, the Administrator shall remove such State
from the program.
(2) If the Governor of any other State covered under subsection
(a) of this section notifies the Administrator that such State has
implemented a medical waste tracking program that is no less
stringent than the demonstration program under this subchapter and
that such State elects not to participate in the demonstration
program, the Administrator shall, if the Administrator determines
that such State program is no less stringent than the demonstration
program under this subchapter, remove such State from the
demonstration program.
(3) Notifications under paragraphs (1) or (2) shall be submitted
to the Administrator no later than 30 days after the promulgation
of regulations implementing the demonstration program under this
subchapter.
(c) Petition in
The Governor of any State may petition the Administrator to be
included in the demonstration program and the Administrator may, in
his discretion, include any such State. Such petition may not be
made later than 30 days after promulgation of regulations
establishing the demonstration program under this subchapter, and
the Administrator shall determine whether to include the State
within 30 days after receipt of the State's petition.
(d) Expiration of demonstration program
The demonstration program shall expire on the date 24 months
after the effective date of the regulations under this subchapter.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 11001, as added Pub. L. 100-582,
Sec. 2(a), Nov. 1, 1988, 102 Stat. 2950.)

-End-



-CITE-
42 USC Sec. 6992a 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-
Sec. 6992a. Listing of medical wastes

-STATUTE-
(a) List
Not later than 6 months after November 1, 1988, the Administrator
shall promulgate regulations listing the types of medical waste to
be tracked under the demonstration program. Except as provided in
subsection (b) of this section, such list shall include, but need
not be limited to, each of the following types of solid waste:
(1) Cultures and stocks of infectious agents and associated
biologicals, including cultures from medical and pathological
laboratories, cultures and stocks of infectious agents from
research and industrial laboratories, wastes from the production
of biologicals, discarded live and attenuated vaccines, and
culture dishes and devices used to transfer, inoculate, and mix
cultures.
(2) Pathological wastes, including tissues, organs, and body
parts that are removed during surgery or autopsy.
(3) Waste human blood and products of blood, including serum,
plasma, and other blood components.
(4) Sharps that have been used in patient care or in medical,
research, or industrial laboratories, including hypodermic
needles, syringes, pasteur pipettes, broken glass, and scalpel
blades.
(5) Contaminated animal carcasses, body parts, and bedding of
animals that were exposed to infectious agents during research,
production of biologicals, or testing of pharmaceuticals.
(6) Wastes from surgery or autopsy that were in contact with
infectious agents, including soiled dressings, sponges, drapes,
lavage tubes, drainage sets, underpads, and surgical gloves.
(7) Laboratory wastes from medical, pathological,
pharmaceutical, or other research, commercial, or industrial
laboratories that were in contact with infectious agents,
including slides and cover slips, disposable gloves, laboratory
coats, and aprons.
(8) Dialysis wastes that were in contact with the blood of
patients undergoing hemodialysis, including contaminated
disposable equipment and supplies such as tubing, filters,
disposable sheets, towels, gloves, aprons, and laboratory coats.
(9) Discarded medical equipment and parts that were in contact
with infectious agents.
(10) Biological waste and discarded materials contaminated with
blood, excretion, excudates (!1) or secretion from human beings
or animals who are isolated to protect others from communicable
diseases.

(11) Such other waste material that results from the
administration of medical care to a patient by a health care
provider and is found by the Administrator to pose a threat to
human health or the environment.
(b) Exclusions from list
The Administrator may exclude from the list under this section
any categories or items described in paragraphs (6) through (10) of
subsection (a) of this section which he determines do not pose a
substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed
of, or otherwise managed.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 11002, as added Pub. L. 100-582,
Sec. 2(a), Nov. 1, 1988, 102 Stat. 2951.)

-FOOTNOTE-
(!1) So in original. Probably should be "exudates".


-End-



-CITE-
42 USC Sec. 6992b 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-
Sec. 6992b. Tracking of medical waste

-STATUTE-
(a) Demonstration program
Not later than 6 months after November 1, 1988, the Administrator
shall promulgate regulations establishing a program for the
tracking of the medical waste listed in section 6992a of this title
which is generated in a State subject to the demonstration program.
The program shall (1) provide for tracking of the transportation of
the waste from the generator to the disposal facility, except that
waste that is incinerated need not be tracked after incineration,
(2) include a system for providing the generator of the waste with
assurance that the waste is received by the disposal facility, (3)
use a uniform form for tracking in each of the demonstration
States, and (4) include the following requirements:
(A) A requirement for segregation of the waste at the point of
generation where practicable.
(B) A requirement for placement of the waste in containers that
will protect waste handlers and the public from exposure.
(C) A requirement for appropriate labeling of containers of the
waste.
(b) Small quantities
In the program under subsection (a) of this section, the
Administrator may establish an exemption for generators of small
quantities of medical waste listed under section 6992a of this
title, except that the Administrator may not exempt from the
program any person who, or facility that, generates 50 pounds or
more of such waste in any calendar month.
(c) On-site incinerators
Concurrently with the promulgation of regulations under
subsection (a) of this section, the Administrator shall promulgate
a recordkeeping and reporting requirement for any generator in a
demonstration State of medical waste listed in section 6992a of
this title that (1) incinerates medical waste listed in section
6992a of this title on site and (2) does not track such waste under
the regulations promulgated under subsection (a) of this section.
Such requirement shall require the generator to report to the
Administrator on the volume and types of medical waste listed in
section 6992a of this title that the generator incinerated on site
during the 6 months following the effective date of the
requirements of this subsection.
(d) Type of medical waste and types of generators
For each of the requirements of this section, the regulations may
vary for different types of medical waste and for different types
of medical waste generators.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 11003, as added Pub. L. 100-582,
Sec. 2(a), Nov. 1, 1988, 102 Stat. 2952.)

-End-



-CITE-
42 USC Sec. 6992c 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-
Sec. 6992c. Inspections

-STATUTE-
(a) Requirements for access
For purposes of developing or assisting in the development of any
regulation or report under this subchapter or enforcing any
provision of this subchapter, any person who generates, stores,
treats, transports, disposes of, or otherwise handles or has
handled medical waste shall, upon request of any officer, employee,
or representative of the Environmental Protection Agency duly
designated by the Administrator, furnish information relating to
such waste, including any tracking forms required to be maintained
under section 6992b of this title, conduct monitoring or testing,
and permit such person at all reasonable times to have access to,
and to copy, all records relating to such waste. For such purposes,
such officers, employees, or representatives are authorized to -
(1) enter at reasonable times any establishment or other place
where medical wastes are or have been generated, stored, treated,
disposed of, or transported from;
(2) conduct monitoring or testing; and
(3) inspect and obtain samples from any person of any such
wastes and samples of any containers or labeling for such wastes.
(b) Procedures
Each inspection under this section 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
giving such an equal portion is feasible. 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 of
the premises concerned.
(c) Availability to public
The provisions of section 6927(b) of this title shall apply to
records, reports, and information obtained under this section in
the same manner and to the same extent as such provisions apply to
records, reports, and information obtained under section 6927 of
this title.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 11004, as added Pub. L. 100-582,
Sec. 2(a), Nov. 1, 1988, 102 Stat. 2952.)

-End-



-CITE-
42 USC Sec. 6992d 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-
Sec. 6992d. Enforcement

-STATUTE-
(a) Compliance orders
(1) Violations
Whenever on the basis of any information the Administrator
determines that any person has violated, or is in violation of,
any requirement or prohibition in effect under this subchapter
(including any requirement or prohibition in effect under
regulations under this subchapter) (A) the Administrator may
issue an order (i) assessing a civil penalty for any past or
current violation, (ii) requiring compliance immediately or
within a specified time period, or (iii) both, or (B) 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. Any order issued pursuant to this subsection shall
state with reasonable specificity the nature of the violation.
(2) Orders assessing penalties
Any penalty assessed in an order under this subsection shall
not exceed $25,000 per day of noncompliance for each violation of
a requirement or prohibition in effect under 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.
(3) Public hearing
Any order issued under this subsection shall become final
unless, not later than 30 days after issuance of the order, the
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 subpoenas for the production of
relevant papers, books, and documents, and may promulgate rules
for discovery procedures.
(4) Violation of compliance orders
In the case of an order under this subsection requiring
compliance with any requirement of or regulation under this
subchapter, if a violator fails to take corrective action within
the time specified in an order, the Administrator may assess a
civil penalty of not more than $25,000 for each day of continued
noncompliance with the order.
(b) Criminal penalties
Any person who -
(1) knowingly violates the requirements of or regulations under
this subchapter;
(2) knowingly omits material information or makes any false
material statement or representation in any label, record,
report, or other document filed, maintained, or used for purposes
of compliance with this subchapter or regulations thereunder; or
(3) knowingly generates, stores, treats, transports, disposes
of, or otherwise handles any medical waste (whether such activity
took place before or takes place after November 1, 1988) and who
knowingly destroys, alters, conceals, or fails to file any
record, report, or other document required to be maintained or
filed for purposes of compliance with this subchapter or
regulations thereunder

shall, upon conviction, be subject to a fine of not more than
$50,000 for each day of violation, or imprisonment not to exceed 2
years (5 years in the case of a violation of paragraph (1)). 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.
(c) Knowing endangerment
Any person who knowingly violates any provision of subsection (b)
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 15 years, or both. A
defendant that is an organization shall, upon conviction under this
subsection, be subject to a fine of not more than $1,000,000. The
terms of this paragraph shall be interpreted in accordance with the
rules provided under section 6928(f) of this title.
(d) Civil penalties
Any person who violates any requirement of or regulation under
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 section,
constitute a separate violation.
(e) Civil penalty policy
Civil penalties assessed by the United States or by the States
under this subchapter shall be assessed in accordance with the
Administrator's "RCRA Civil Penalty Policy", as such policy may be
amended from time to time.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 11005, as added Pub. L. 100-582,
Sec. 2(a), Nov. 1, 1988, 102 Stat. 2953.)

-End-



-CITE-
42 USC Sec. 6992e 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-
Sec. 6992e. Federal facilities

-STATUTE-
(a) In general
Each department, agency, and instrumentality of the executive,
legislative, and judicial branches of the Federal Government in a
demonstration State (1) having jurisdiction over any solid waste
management facility or disposal site at which medical waste is
disposed of or otherwise handled, or (2) engaged in any activity
resulting, or which may result, in the disposal, management, or
handling of medical waste shall be subject to, and comply with, all
Federal, State, interstate, and local requirements, both
substantive and procedural (including any requirement for permits
or reporting or any provisions for injunctive relief and such
sanctions as may be imposed by a court to enforce such relief),
respecting control and abatement of medical waste disposal and
management in the same manner, and to the same extent, as any
person is subject to such requirements, including the payment of
reasonable service charges. The Federal, State, interstate, and
local substantive and procedural requirements referred to in this
subsection include, but are not limited to, all administrative
orders, civil, criminal, and administrative penalties, and other
sanctions, including injunctive relief, fines, and imprisonment.
Neither the United States, nor any agent, employee, or officer
thereof, shall be immune or exempt from any process or sanction of
any State or Federal court with respect to the enforcement of any
such order, penalty, or other sanction. For purposes of enforcing
any such substantive or procedural requirement (including, but not
limited to, any injunctive relief, administrative order, or civil,
criminal, administrative penalty, or other sanction), against any
such department, agency, or instrumentality, the United States
hereby expressly waives any immunity otherwise applicable to the
United States. The President may exempt any department, agency, or
instrumentality in the executive branch from compliance with such a
requirement if he determines it to be in the paramount interest of
the United States to do so. No such exemption shall be granted due
to lack of appropriation unless the President shall have
specifically requested such appropriation as a part of the
budgetary process and the Congress shall have failed to make
available such requested appropriation. Any exemption shall be for
a period not in excess of one year, but additional exemptions may
be granted for periods not to exceed one year upon the President's
making a new determination. The President shall report each January
to the Congress all exemptions from the requirements of this
section granted during the preceding calendar year, together with
his reason for granting each such exemption.
(b) "Person" defined
For purposes of this chapter, the term "person" shall be treated
as including each department, agency, and instrumentality of the
United States.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 11006, as added Pub. L. 100-582,
Sec. 2(a), Nov. 1, 1988, 102 Stat. 2954.)


-MISC1-
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(a) of this section requiring the President to report annually 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 10th item on page 20 of House Document No. 103-7.

-End-



-CITE-
42 USC Sec. 6992f 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-
Sec. 6992f. Relationship to State law

-STATUTE-
(a) State inspections and enforcement
A State may conduct inspections under (!1) 6992c of this title
and take enforcement actions under section 6992d of this title
against any person, including any person who has imported medical
waste into a State in violation of the requirements of, or
regulations under, this subchapter, to the same extent as the
Administrator. At the time a State initiates an enforcement action
under section 6992d of this title against any person, the State
shall notify the Administrator in writing.

(b) Retention of State authority
Nothing in this subchapter shall -
(1) preempt any State or local law; or
(2) except as provided in subsection (c) of this section,
otherwise affect any State or local law or the authority of any
State or local government to adopt or enforce any State or local
law.
(c) State forms
Any State or local law which requires submission of a tracking
form from any person subject to this subchapter shall require that
the form be identical in content and format to the form required
under section 6992b of this title, except that a State may require
the submission of other tracking information which is supplemental
to the information required on the form required under section
6992b of this title through additional sheets or such other means
as the State deems appropriate.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 11007, as added Pub. L. 100-582,
Sec. 2(a), Nov. 1, 1988, 102 Stat. 2955.)

-FOOTNOTE-
(!1) So in original. Probably should be "under section".


-End-



-CITE-
42 USC Sec. 6992g 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-
Sec. 6992g. Repealed.

-MISC1-
Sec. 6992g. Repealed. Pub. L. 105-362, title V, Sec. 501(h)(1)(A),
Nov. 10, 1998, 112 Stat. 3284.
Section, Pub. L. 89-272, title II, Sec. 11008, as added Pub. L.
100-582, Sec. 2(a), Nov. 1, 1988, 102 Stat. 2956, related to
Administrator's report to Congress concerning demonstration medical
waste tracking program.

-End-



-CITE-
42 USC Sec. 6992h 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-
Sec. 6992h. Health impacts report

-STATUTE-
Within 24 months after November 1, 1988, the Administrator of the
Agency for Toxic Substances and Disease Registry shall prepare for
Congress a report on the health effects of medical waste, including
each of the following -
(1) A description of the potential for infection or injury from
the segregation, handling, storage, treatment, or disposal of
medical wastes.
(2) An estimate of the number of people injured or infected
annually by sharps, and the nature and seriousness of those
injuries or infections.
(3) An estimate of the number of people infected annually by
other means related to waste segregation, handling, storage,
treatment, or disposal, and the nature and seriousness of those
infections.
(4) For diseases possibly spread by medical waste, including
Acquired Immune Deficiency Syndrome and hepatitis B, an estimate
of what percentage of the total number of cases nationally may be
traceable to medical wastes.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 11008, formerly Sec. 11009, as
added Pub. L. 100-582, Sec. 2(a), Nov. 1, 1988, 102 Stat. 2957;
renumbered Sec. 11008, Pub. L. 105-362, title V, Sec. 501(h)(1)(B),
Nov. 10, 1998, 112 Stat. 3284.)


-MISC1-
PRIOR PROVISIONS
A prior section 11008 of Pub. L. 89-272 was classified to section
6992g of this title prior to repeal by Pub. L. 105-362, Sec.
501(h)(1)(A).

-End-



-CITE-
42 USC Sec. 6992i 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-
Sec. 6992i. General provisions

-STATUTE-
(a) Consultation
(1) In promulgating regulations under this subchapter, the
Administrator shall consult with the affected States and may
consult with other interested parties.
(2) The Administrator shall also consult with the International
Joint Commission to determine how to monitor the disposal of
medical waste emanating from Canada.
(b) Public comment
In the case of the regulations required by this subchapter to be
promulgated within 9 months after November 1, 1988, the
Administrator may promulgate such regulations in interim final form
without prior opportunity for public comment, but the Administrator
shall provide an opportunity for public comment on the interim
final rule. The promulgation of such regulations shall not be
subject to the Paperwork Reduction Act of 1980.(!1)

(c) Relationship to subchapter III
Nothing in this subchapter shall affect the authority of the
Administrator to regulate medical waste, including medical waste
listed under section 6992a of this title, under subchapter III of
this chapter.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 11009, formerly Sec. 11010, as
added Pub. L. 100-582, Sec. 2(a), Nov. 1, 1988, 102 Stat. 2957;
renumbered Sec. 11009, Pub. L. 105-362, title V, Sec. 501(h)(1)(B),
Nov. 10, 1998, 112 Stat. 3284.)

-REFTEXT-
REFERENCES IN TEXT
The Paperwork Reduction Act of 1980, referred to in subsec. (b),
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.


-MISC1-
PRIOR PROVISIONS
A prior section 11009 of Pub. L. 89-272 was renumbered section
11008 and is classified to section 6992h of this title.

-FOOTNOTE-

(!1) See References in Text note below.


-End-



-CITE-
42 USC Sec. 6992j 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-
Sec. 6992j. Effective date

-STATUTE-
The regulations promulgated under this subchapter shall take
effect within 90 days after promulgation, except that, at the time
of promulgation, the Administrator may provide for a shorter period
prior to the effective date if he finds the regulated community
does not need 90 days to come into compliance.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 11010, formerly Sec. 11011, as
added Pub. L. 100-582, Sec. 2(a), Nov. 1, 1988, 102 Stat. 2958;
renumbered Sec. 11010, Pub. L. 105-362, title V, Sec. 501(h)(1)(B),
Nov. 10, 1998, 112 Stat. 3284.)


-MISC1-
PRIOR PROVISIONS
A prior section 11010 of Pub. L. 89-272 was renumbered section
11009 and is classified to section 6992i of this title.

-End-



-CITE-
42 USC Sec. 6992k 01/03/2007

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 82 - SOLID WASTE DISPOSAL
SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-
Sec. 6992k. Authorization of appropriations

-STATUTE-
There are authorized to be appropriated to the Administrator such
sums as may be necessary for each of the fiscal years 1989 through
1991 for purposes of carrying out activities under this subchapter.

-SOURCE-
(Pub. L. 89-272, title II, Sec. 11011, formerly Sec. 11012, as
added Pub. L. 100-582, Sec. 2(a), Nov. 1, 1988, 102 Stat. 2958;
renumbered Sec. 11011, Pub. L. 105-362, title V, Sec. 501(h)(1)(B),
Nov. 10, 1998, 112 Stat. 3284.)


-MISC1-
PRIOR PROVISIONS
A prior section 11011 of Pub. L. 89-272 was renumbered section
11010 and is classified to section 6992j of this title.

-End-
   

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