-CITE-
    42 USC CHAPTER 82 - SOLID WASTE DISPOSAL                    01/02/2006

-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.                               
                  (a)  Solid waste.                                   
                  (b)  Environment and health.                        
                  (c)  Materials.                                     
                  (d)  Energy.                                        
    6901a.      Congressional findings: used oil recycling.           
    6902.       Objectives and national policy.                       
                  (a)  Objectives.                                    
                  (b)  National policy.                               
    6903.       Definitions.                                          
    6904.       Governmental cooperation.                             
                  (a)  Interstate cooperation.                        
                  (b)  Consent of Congress to compacts.               
    6905.       Application of chapter and integration with other
                 Acts.                                                
                  (a)  Application of chapter.                        
                  (b)  Integration with other Acts.                   
                  (c)  Integration with the Surface Mining Control and
                        Reclamation Act of 1977.                      
    6906.       Financial disclosure.                                 
                  (a)  Statement.                                     
                  (b)  Action by Administrator.                       
                  (c)  Exemption.                                     
                  (d)  Penalty.                                       
    6907.       Solid waste management information and guidelines.    
                  (a)  Guidelines.                                    
                  (b)  Notice.                                        
    6908.       Small town environmental planning.                    
                  (a)  Establishment.                                 
                  (b)  Small Town Environmental Planning Task Force.  
                  (c)  Identification of environmental requirements.  
                  (d)  Small Town Ombudsman.                          
                  (e)  Multi-media permits.                           
                  (f)  "Small town" defined.                          
                  (g)  Authorization.                                 
    6908a.      Agreements with Indian tribes.                        

         SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE
                               ADMINISTRATOR
    6911.       Office of Solid Waste and Interagency Coordinating
                 Committee.                                           
                  (a)  Office of Solid Waste.                         
                  (b)  Interagency Coordinating Committee.            
    6911a.      Assistant Administrator of Environmental Protection
                 Agency; appointment, etc.                            
    6912.       Authorities of Administrator.                         
                  (a)  Authorities.                                   
                  (b)  Revision of regulations.                       
                  (c)  Criminal investigations.                       
    6913.       Resource Recovery and Conservation Panels.            
    6914.       Grants for discarded tire disposal.                   
                  (a)  Grants.                                        
                  (b)  Authorization of appropriations.               
    6914a.      Labeling of lubricating oil.                          
    6914b.      Degradable plastic ring carriers; definitions.        
    6914b-1.    Regulation of plastic ring carriers.                  
    6915.       Annual report.                                        
    6916.       General authorization.                                
                  (a)  General administration.                        
                  (b)  Resource Recovery and Conservation Panels.     
                  (c)  Hazardous waste.                               
                  (d)  State and local support.                       
                  (e)  Criminal investigators.                        
                  (f)  Underground storage tanks.                     
    6917.       Office of Ombudsman.                                  
                  (a)  Establishment; functions.                      
                  (b)  Authority to render assistance.                
                  (c)  Effect on procedures for grievances, appeals,
                        or administrative matters.                    
                  (d)  Termination.                                   

                SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT            
    6921.       Identification and listing of hazardous waste.        
                  (a)  Criteria for identification or listing.        
                  (b)  Identification and listing.                    
                  (c)  Petition by State Governor.                    
                  (d)  Small quantity generator waste.                
                  (e)  Specified wastes.                              
                  (f)  Delisting procedures.                          
                  (g)  EP toxicity.                                   
                  (h)  Additional characteristics.                    
                  (i)  Clarification of household waste exclusion.    
    6922.       Standards applicable to generators of hazardous waste.
                  (a)  In general.                                    
                  (b)  Waste minimization.                            
    6923.       Standards applicable to transporters of hazardous
                 waste.                                               
                  (a)  Standards.                                     
                  (b)  Coordination with regulations of Secretary of
                        Transportation.                               
                  (c)  Fuel from hazardous waste.                     
    6924.       Standards applicable to owners and operators of
                 hazardous waste treatment, storage, and disposal
                 facilities.                                          
                  (a)  In general.                                    
                  (b)  Salt dome formations, salt bed formations,
                        underground mines and caves.                  
                  (c)  Liquids in landfills.                          
                  (d)  Prohibitions on land disposal of specified
                        wastes.                                       
                  (e)  Solvents and dioxins.                          
                  (f)  Disposal into deep injection wells; specified
                        subsection (d) wastes; solvents and dioxins.  
                  (g)  Additional land disposal prohibition
                        determinations.                               
                  (h)  Variance from land disposal prohibitions.      
                  (i)  Publication of determination.                  
                  (j)  Storage of hazardous waste prohibited from land
                        disposal.                                     
                  (k)  "Land disposal" defined.                       
                  (l)  Ban on dust suppression.                       
                  (m)  Treatment standards for wastes subject to land
                        disposal prohibition.                         
                  (n)  Air emissions.                                 
                  (o)  Minimum technological requirements.            
                  (p)  Ground water monitoring.                       
                  (q)  Hazardous waste used as fuel.                  
                  (r)  Labeling.                                      
                  (s)  Recordkeeping.                                 
                  (t)  Financial responsibility provisions.           
                  (u)  Continuing releases at permitted facilities.   
                  (v)  Corrective action beyond facility boundary.    
                  (w)  Underground tanks.                             
                  (x)  Mining and other special wastes.               
                  (y)  Munitions.                                     
    6925.       Permits for treatment, storage, or disposal of
                 hazardous waste.                                     
                  (a)  Permit requirements.                           
                  (b)  Requirements of permit application.            
                  (c)  Permit issuance.                               
                  (d)  Permit revocation.                             
                  (e)  Interim status.                                
                  (f)  Coal mining wastes and reclamation permits.    
                  (g)  Research, development, and demonstration
                        permits.                                      
                  (h)  Waste minimization.                            
                  (i)  Interim status facilities receiving wastes
                        after July 26, 1982.                          
                  (j)  Interim status surface impoundments.           
    6926.       Authorized State hazardous waste programs.            
                  (a)  Federal guidelines.                            
                  (b)  Authorization of State program.                
                  (c)  Interim authorization.                         
                  (d)  Effect of State permit.                        
                  (e)  Withdrawal of authorization.                   
                  (f)  Availability of information.                   
                  (g)  Amendments made by 1984 act.                   
                  (h)  State programs for used oil.                   
    6927.       Inspections.                                          
                  (a)  Access entry.                                  
                  (b)  Availability to public.                        
                  (c)  Federal facility inspections.                  
                  (d)  State-operated facilities.                     
                  (e)  Mandatory inspections.                         
    6928.       Federal enforcement.                                  
                  (a)  Compliance orders.                             
                  (b)  Public hearing.                                
                  (c)  Violation of compliance orders.                
                  (d)  Criminal penalties.                            
                  (e)  Knowing endangerment.                          
                  (f)  Special rules.                                 
                  (g)  Civil penalty.                                 
                  (h)  Interim status corrective action orders.       
    6929.       Retention of State authority.                         
    6930.       Effective date.                                       
                  (a)  Preliminary notification.                      
                  (b)  Effective date of regulation.                  
    6931.       Authorization of assistance to States.                
                  (a)  Authorization of appropriations.               
                  (b)  Allocation.                                    
                  (c)  Activities included.                           
    6932.       Transferred.                                          
    6933.       Hazardous waste site inventory.                       
                  (a)  State inventory programs.                      
                  (b)  Environmental Protection Agency program.       
                  (c)  Grants.                                        
                  (d)  No impediment to immediate remedial action.    
    6934.       Monitoring, analysis, and testing.                    
                  (a)  Authority of Administrator.                    
                  (b)  Previous owners and operators.                 
                  (c)  Proposal.                                      
                  (d)  Monitoring, etc., carried out by Administrator.
                  (e)  Enforcement.                                   
    6935.       Restrictions on recycled oil.                         
                  (a)  In general.                                    
                  (b)  Identification or listing of used oil as
                        hazardous waste.                              
                  (c)  Used oil which is recycled.                    
                  (d)  Permits.                                       
    6936.       Expansion during interim status.                      
                  (a)  Waste piles.                                   
                  (b)  Landfills and surface impoundments.            
    6937.       Inventory of Federal agency hazardous waste
                 facilities.                                          
                  (a)  Program requirement; submission; availability;
                        contents.                                     
                  (b)  Environmental Protection Agency program.       
    6938.       Export of hazardous wastes.                           
                  (a)  In general.                                    
                  (b)  Regulations.                                   
                  (c)  Notification.                                  
                  (d)  Procedures for requesting consent of receiving
                        country.                                      
                  (e)  Conveyance of written consent to exporter.     
                  (f)  International agreements.                      
                  (g)  Reports.                                       
                  (h)  Other standards.                               
    6939.       Domestic sewage.                                      
                  (a)  Report.                                        
                  (b)  Revisions of regulations.                      
                  (c)  Report on wastewater lagoons.                  
                  (d)  Application of sections 6927 and 6930.         
    6939a.      Exposure information and health assessments.          
                  (a)  Exposure information.                          
                  (b)  Health assessments.                            
                  (c)  Members of the public.                         
                  (d)  Priority.                                      
                  (e)  Periodic reports.                              
                  (f)  "Health assessments" defined.                  
                  (g)  Cost recovery.                                 
    6939b.      Interim control of hazardous waste injection.         
                  (a)  Underground source of drinking water.          
                  (b)  Actions under Comprehensive Environmental
                        Response, Compensation, and Liability Act.    
                  (c)  Enforcement.                                   
                  (d)  Definitions.                                   
    6939c.      Mixed waste inventory reports and plan.               
                  (a)  Mixed waste inventory reports.                 
                  (b)  Plan for development of treatment capacities
                        and technologies.                             
                  (c)  Schedule and progress reports.                 
    6939d.      Public vessels.                                       
                  (a)  Waste generated on public vessels.             
                  (b)  Computation of storage period.                 
                  (c)  Definitions.                                   
                  (d)  Relationship to other law.                     
    6939e.      Federally owned treatment works.                      
                  (a)  In general.                                    
                  (b)  Prohibition.                                   
                  (c)  Enforcement.                                   
                  (d)  "Federally owned treatment works" defined.     
                  (e)  Savings clause.                                

            SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS        
    6941.       Objectives of subchapter.                             
    6941a.      Energy and materials conservation and recovery;
                 Congressional findings.                              
    6942.       Federal guidelines for plans.                         
                  (a)  Guidelines for identification of regions.      
                  (b)  Guidelines for State plans.                    
                  (c)  Considerations for State plan guidelines.      
    6943.       Requirements for approval of plans.                   
                  (a)  Minimum requirements.                          
                  (b)  Discretionary plan provisions relating to
                        recycled oil.                                 
                  (c)  Energy and materials conservation and recovery
                        feasibility planning and assistance.          
                  (d)  Size of waste-to-energy facilities.            
    6944.       Criteria for sanitary landfills; sanitary landfills
                 required for all disposal.                           
                  (a)  Criteria for sanitary landfills.               
                  (b)  Disposal required to be in sanitary landfills,
                        etc.                                          
                  (c)  Effective date.                                
    6945.       Upgrading of open dumps.                              
                  (a)  Closing or upgrading of existing open dumps.   
                  (b)  Inventory.                                     
                  (c)  Control of hazardous disposal.                 
    6946.       Procedure for development and implementation of State
                 plan.                                                
                  (a)  Identification of regions.                     
                  (b)  Identification of State and local agencies and
                        responsibilities.                             
                  (c)  Interstate regions.                            
    6947.       Approval of State plan; Federal assistance.           
                  (a)  Plan approval.                                 
                  (b)  Eligibility of States for Federal financial
                        assistance.                                   
                  (c)  Existing activities.                           
    6948.       Federal assistance.                                   
                  (a)  Authorization of Federal financial assistance. 
                  (b)  State allotment.                               
                  (c)  Distribution of Federal financial assistance
                        within the State.                             
                  (d)  Technical assistance.                          
                  (e)  Special communities.                           
                  (f)  Assistance to States for discretionary program
                        for recycled oil.                             
                  (g)  Assistance to municipalities for energy and
                        materials conservation and recovery planning
                        activities.                                   
    6949.       Rural communities assistance.                         
                  (a)  In general.                                    
                  (b)  Allotment.                                     
                  (c)  Limit.                                         
                  (d)  Authorization of appropriations.               
    6949a.      Adequacy of certain guidelines and criteria.          
                  (a)  Study.                                         
                  (b)  Report.                                        
                  (c)  Revisions of guidelines and criteria.          

      SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND
                                 RECOVERY
    6951.       Functions.                                            
    6952.       Development of specifications for secondary materials.
    6953.       Development of markets for recovered materials.       
    6954.       Technology promotion.                                 
    6955.       Marketing policies, establishment; nondiscrimination
                 requirement.                                         
    6956.       Authorization of appropriations.                      

                 SUBCHAPTER VI - FEDERAL RESPONSIBILITIES             
    6961.       Application of Federal, State, and local law to
                 Federal facilities.                                  
                  (a)  In general.                                    
                  (b)  Administrative enforcement actions.            
                  (c)  Limitation on State use of funds collected from
                        Federal Government.                           
    6962.       Federal procurement.                                  
                  (a)  Application of section.                        
                  (b)  Procurement subject to other law.              
                  (c)  Requirements.                                  
                  (d)  Specifications.                                
                  (e)  Guidelines.                                    
                  (f)  Procurement of services.                       
                  (g)  Executive Office.                              
                  (h)  "Recovered materials" defined.                 
                  (i)  Procurement program.                           
    6963.       Cooperation with Environmental Protection Agency.     
                  (a)  General rule.                                  
                  (b)  Information relating to energy and materials
                        conservation and recovery.                    
    6964.       Applicability of solid waste disposal guidelines to
                 Executive agencies.                                  
                  (a)  Compliance.                                    
                  (b)  Licenses and permits.                          
    6965.       Chief Financial Officer report.                       
    6966.       Increased use of recovered mineral component in
                 federally funded projects involving procurement of
                 cement or concrete.                                  
                  (a)  Definitions.                                   
                  (b)  Implementation of requirements.                
                  (c)  Full implementation study.                     
                  (d)  Additional procurement requirements.           
                  (e)  Effect of section.                             
    6966a.      Increased use of recovered mineral component in
                 federally funded projects involving procurement of
                 cement or concrete.                                  
                  (a)  Definitions.                                   
                  (b)  Implementation of requirements.                
                  (c)  Full implementation study.                     
                  (d)  Additional procurement requirements.           
                  (e)  Effect of section.                             
    6966b.      Use of granular mine tailings.                        
                  (a)  Mine tailings.                                 
                  (b)  Effect of sections.                            

                 SUBCHAPTER VII - MISCELLANEOUS PROVISIONS             
    6971.       Employee protection.                                  
                  (a)  General.                                       
                  (b)  Remedy.                                        
                  (c)  Costs.                                         
                  (d)  Exception.                                     
                  (e)  Employment shifts and loss.                    
                  (f)  Occupational safety and health.                
    6972.       Citizen suits.                                        
                  (a)  In general.                                    
                  (b)  Actions prohibited.                            
                  (c)  Notice.                                        
                  (d)  Intervention.                                  
                  (e)  Costs.                                         
                  (f)  Other rights preserved.                        
                  (g)  Transporters.                                  
    6973.       Imminent hazard.                                      
                  (a)  Authority of Administrator.                    
                  (b)  Violations.                                    
                  (c)  Immediate notice.                              
                  (d)  Public participation in settlements.           
    6974.       Petition for regulations; public participation.       
                  (a)  Petition.                                      
                  (b)  Public participation.                          
    6975.       Separability.                                         
    6976.       Judicial review.                                      
                  (a)  Review of final regulations and certain
                        petitions.                                    
                  (b)  Review of certain actions under sections 6925
                        and 6926 of this title.                       
    6977.       Grants or contracts for training projects.            
                  (a)  General authority.                             
                  (b)  Purposes.                                      
    6978.       Payments.                                             
                  (a)  General rule.                                  
                  (b)  Prohibition.                                   
    6979.       Labor standards.                                      
    6979a.      Transferred.                                          
    6979b.      Law enforcement authority.                            

        SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
                                INFORMATION
    6981.       Research, demonstration, training, and other
                 activities.                                          
                  (a)  General authority.                             
                  (b)  Management program.                            
                  (c)  Authorities.                                   
    6982.       Special studies; plans for research, development, and
                 demonstrations.                                      
                  (a)  Glass and plastic.                             
                  (b)  Composition of waste stream.                   
                  (c)  Priorities study.                              
                  (d)  Small-scale and low technology study.          
                  (e)  Front-end source separation.                   
                  (f)  Mining waste.                                  
                  (g)  Sludge.                                        
                  (h)  Tires.                                         
                  (i)  Resource recovery facilities.                  
                  (j)  Resource Conservation Committee.               
                  (k)  Airport landfills.                             
                  (l)  Completion of research and studies.            
                  (m)  Drilling fluids, produced waters, and other
                        wastes associated with the exploration,
                        development, or production of crude oil or
                        natural gas or geothermal energy.             
                  (n)  Materials generated from the combustion of coal
                        and other fossil fuels.                       
                  (o)  Cement kiln dust waste.                        
                  (p)  Materials generated from extraction,
                        beneficiation, and processing of ores and
                        minerals, including phosphate rock and
                        overburden from uranium mining.               
                  (q)  Authorization of appropriations.               
                  (r)  Minimization of hazardous waste.               
                  (s)  Extending landfill life and reusing landfilled
                        areas.                                        
    6983.       Coordination, collection, and dissemination of
                 information.                                         
                  (a)  Information.                                   
                  (b)  Library.                                       
                  (c)  Model accounting system.                       
                  (d)  Model codes.                                   
                  (e)  Information programs.                          
                  (f)  Coordination.                                  
                  (g)  Special restriction.                           
    6984.       Full-scale demonstration facilities.                  
                  (a)  Authority.                                     
                  (b)  Time limitation.                               
                  (c)  Cost sharing.                                  
                  (d)  Prohibition.                                   
    6985.       Special study and demonstration projects on recovery
                 of useful energy and materials.                      
                  (a)  Studies.                                       
                  (b)  Demonstration.                                 
                  (c)  Application of other sections.                 
    6986.       Grants for resource recovery systems and improved
                 solid waste disposal facilities.                     
                  (a)  Authority.                                     
                  (b)  Conditions.                                    
                  (c)  Limitations.                                   
                  (d)  Regulations.                                   
                  (e)  Additional limitations.                        
                  (f)  Single State.                                  
    6987.       Authorization of appropriations.                      

          SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS      
    6991.       Definitions and exemptions.                           
    6991a.      Notification.                                         
                  (a)  Underground storage tanks.                     
                  (b)  Agency designation.                            
                  (c)  State inventories.                             
                  (d)  Public record.                                 
    6991b.      Release detection, prevention, and correction
                 regulations.                                         
                  (a)  Regulations.                                   
                  (b)  Distinctions in regulations.                   
                  (c)  Requirements.                                  
                  (d)  Financial responsibility.                      
                  (e)  New tank performance standards.                
                  (f)  Effective dates.                               
                  (g)  Interim prohibition.                           
                  (h)  EPA response program for petroleum.            
                  (i)  Additional measures to protect groundwater from
                        contamination.                                
                  (j)  Government-owned tanks.                        
    6991c.      Approval of State programs.                           
                  (a)  Elements of State program.                     
                  (b)  Federal standards.                             
                  (c)  Financial responsibility.                      
                  (d)  EPA determination.                             
                  (e)  Withdrawal of authorization.                   
                  (f)  Trust Fund distribution.                       
    6991d.      Inspections, monitoring, testing, and corrective
                 action.                                              
                  (a)  Furnishing information.                        
                  (b)  Confidentiality.                               
                  (c)  Inspection requirements.                       
    6991e.      Federal enforcement.                                  
                  (a)  Compliance orders.                             
                  (b)  Procedure.                                     
                  (c)  Contents of order.                             
                  (d)  Civil penalties.                               
                  (e)  Incentive for performance.                     
    6991f.      Federal facilities.                                   
                  (a)  In general.                                    
                  (b)  Review of and report on Federal underground
                        storage tanks.                                
    6991g.      State authority.                                      
    6991h.      Study of underground storage tanks.                   
                  (a)  Petroleum tanks.                               
                  (b)  Other tanks.                                   
                  (c)  Elements of studies.                           
                  (d)  Farm and heating oil tanks.                    
                  (e)  Reports.                                       
                  (f)  Reimbursement.                                 
    6991i.      Operator training.                                    
                  (a)  Guidelines.                                    
                  (b)  State programs.                                
                  (c)  Training.                                      
    6991j.      Use of funds for release prevention and compliance.   
    6991k.      Delivery prohibition.                                 
                  (a)  Requirements.                                  
                  (b)  Effect on State authority.                     
                  (c)  Defense to violation.                          
    6991l.      Tanks on tribal lands.                                
                  (a)  Strategy.                                      
                  (b)  Report.                                        
                  (c)  Not a safe harbor.                             
                  (d)  State authority.                               
    6991m.      Authorization of appropriations.                      

        SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM    
    6992.       Scope of demonstration program for medical waste.     
                  (a)  Covered States.                                
                  (b)  Opt out.                                       
                  (c)  Petition in.                                   
                  (d)  Expiration of demonstration program.           
    6992a.      Listing of medical wastes.                            
                  (a)  List.                                          
                  (b)  Exclusions from list.                          
    6992b.      Tracking of medical waste.                            
                  (a)  Demonstration program.                         
                  (b)  Small quantities.                              
                  (c)  On-site incinerators.                          
                  (d)  Type of medical waste and types of generators. 
    6992c.      Inspections.                                          
                  (a)  Requirements for access.                       
                  (b)  Procedures.                                    
                  (c)  Availability to public.                        
    6992d.      Enforcement.                                          
                  (a)  Compliance orders.                             
                  (b)  Criminal penalties.                            
                  (c)  Knowing endangerment.                          
                  (d)  Civil penalties.                               
                  (e)  Civil penalty policy.                          
    6992e.      Federal facilities.                                   
                  (a)  In general.                                    
                  (b)  "Person" defined.                              
    6992f.      Relationship to State law.                            
                  (a)  State inspections and enforcement.             
                  (b)  Retention of State authority.                  
                  (c)  State forms.                                   
    6992g.      Repealed.                                             
    6992h.      Health impacts report.                                
    6992i.      General provisions.                                   
                  (a)  Consultation.                                  
                  (b)  Public comment.                                
                  (c)  Relationship to subchapter III.                
    6992j.      Effective date.                                       
    6992k.      Authorization of appropriations.                      

-End-

-CITE-
    42 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                            01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                         01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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          01/02/2006

-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                                            01/02/2006

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

-HEAD-
    Sec. 6921. Identification and listing of hazardous waste

-STATUTE-
    (a) Criteria for identification or listing
      Not later than eighteen months after October 21, 1976, the
    Administrator shall, after notice and opportunity for public
    hearing, and after consultation with appropriate Federal and State
    agencies, develop and promulgate criteria for identifying the
    characteristics of hazardous waste, and for listing hazardous
    waste, which should be subject to the provisions of this
    subchapter, taking into account toxicity, persistence, and
    degradability in nature, potential for accumulation in tissue, and
    other related factors such as flammability, corrosiveness, and
    other hazardous characteristics. Such criteria shall be revised
    from time to time as may be appropriate.
    (b) Identification and listing
      (1) Not later than eighteen months after October 21, 1976, and
    after notice and opportunity for public hearing, the Administrator
    shall promulgate regulations identifying the characteristics of
    hazardous waste, and listing particular hazardous wastes (within
    the meaning of section 6903(5) of this title), which shall be
    subject to the provisions of this subchapter. Such regulations
    shall be based on the criteria promulgated under subsection (a) of
    this section and shall be revised from time to time thereafter as
    may be appropriate. The Administrator, in cooperation with the
    Agency for Toxic Substances and Disease Registry and the National
    Toxicology Program, shall also identify or list those hazardous
    wastes which shall be subject to the provisions of this subchapter
    solely because of the presence in such wastes of certain
    constituents (such as identified carcinogens, mutagens, or
    teratagens) (!1) at levels in excess of levels which endanger human
    health.

      (2)(A) Notwithstanding the provisions of paragraph (1) of this
    subsection, drilling fluids, produced waters, and other wastes
    associated with the exploration, development, or production of
    crude oil or natural gas or geothermal energy shall be subject only
    to existing State or Federal regulatory programs in lieu of this
    subchapter until at least 24 months after October 21, 1980, and
    after promulgation of the regulations in accordance with
    subparagraphs (B) and (C) of this paragraph. It is the sense of the
    Congress that such State or Federal programs should include, for
    waste disposal sites which are to be closed, provisions requiring
    at least the following:
        (i) The identification through surveying, platting, or other
      measures, together with recordation of such information on the
      public record, so as to assure that the location where such
      wastes are disposed of can be located in the future; except
      however, that no such surveying, platting, or other measure
      identifying the location of a disposal site for drilling fluids
      and associated wastes shall be required if the distance from the
      disposal site to the surveyed or platted location to the
      associated well is less than two hundred lineal feet; and
        (ii) A chemical and physical analysis of a produced water and a
      composition of a drilling fluid suspected to contain a hazardous
      material, with such information to be acquired prior to closure
      and to be placed on the public record.

      (B) Not later than six months after completion and submission of
    the study required by section 6982(m) of this title, the
    Administrator shall, after public hearings and opportunity for
    comment, determine either to promulgate regulations under this
    subchapter for drilling fluids, produced waters, and other wastes
    associated with the exploration, development, or production of
    crude oil or natural gas or geothermal energy or that such
    regulations are unwarranted. The Administrator shall publish his
    decision in the Federal Register accompanied by an explanation and
    justification of the reasons for it. In making the decision under
    this paragraph, the Administrator shall utilize the information
    developed or accumulated pursuant to the study required under
    section 6982(m) of this title.
      (C) The Administrator shall transmit his decision, along with any
    regulations, if necessary, to both Houses of Congress. Such
    regulations shall take effect only when authorized by Act of
    Congress.
      (3)(A) Notwithstanding the provisions of paragraph (1) of this
    subsection, each waste listed below shall, except as provided in
    subparagraph (B) of this paragraph, be subject only to regulation
    under other applicable provisions of Federal or State law in lieu
    of this subchapter until at least six months after the date of
    submission of the applicable study required to be conducted under
    subsection (f), (n), (o), or (p) of section 6982 of this title and
    after promulgation of regulations in accordance with subparagraph
    (C) of this paragraph:
        (i) Fly ash waste, bottom ash waste, slag waste, and flue gas
      emission control waste generated primarily from the combustion of
      coal or other fossil fuels.
        (ii) Solid waste from the extraction, beneficiation, and
      processing of ores and minerals, including phosphate rock and
      overburden from the mining of uranium ore.
        (iii) Cement kiln dust waste.

      (B)(i) Owners and operators of disposal sites for wastes listed
    in subparagraph (A) may be required by the Administrator, through
    regulations prescribed under authority of section 6912 of this
    title - 
        (I) as to disposal sites for such wastes which are to be
      closed, to identify the locations of such sites through
      surveying, platting, or other measures, together with recordation
      of such information on the public record, to assure that the
      locations where such wastes are disposed of are known and can be
      located in the future, and
        (II) to provide chemical and physical analysis and composition
      of such wastes, based on available information, to be placed on
      the public record.

      (ii)(I) In conducting any study under subsection (f), (n), (o),
    or (p), of section 6982 of this title, any officer, employee, or
    authorized representative of the Environmental Protection Agency,
    duly designated by the Administrator, is authorized, at reasonable
    times and as reasonably necessary for the purposes of such study,
    to enter any establishment where any waste subject to such study is
    generated, stored, treated, disposed of, or transported from; to
    inspect, take samples, and conduct monitoring and testing; and to
    have access to and copy records relating to such waste. Each such
    inspection shall be commenced and completed with reasonable
    promptness. If the officer, employee, or authorized representative
    obtains any samples prior to leaving the premises, he shall give to
    the owner, operator, or agent in charge a receipt describing the
    sample obtained and if requested a portion of each such sample
    equal in volume or weight to the portion retained. If any analysis
    is made of such samples, or monitoring and testing performed, a
    copy of the results shall be furnished promptly to the owner,
    operator, or agent in charge.
      (II) Any records, reports, or information obtained from any
    person under subclause (I) shall be available to the public, except
    that upon a showing satisfactory to the Administrator by any person
    that records, reports, or information, or particular part thereof,
    to which the Administrator has access under this subparagraph is
    made public, would divulge information entitled to protection under
    section 1905 of title 18, the Administrator shall consider such
    information or particular portion thereof confidential in
    accordance with the purposes of that section, except that such
    record, report, document, or information may be disclosed to other
    officers, employees, or authorized representatives of the United
    States concerned with carrying out this chapter. Any person not
    subject to the provisions of section 1905 of title 18 who knowingly
    and willfully divulges or discloses any information entitled to
    protection under this subparagraph shall, upon conviction, be
    subject to a fine of not more than $5,000 or to imprisonment not to
    exceed one year, or both.
      (iii) The Administrator may prescribe regulations, under the
    authority of this chapter, to prevent radiation exposure which
    presents an unreasonable risk to human health from the use in
    construction or land reclamation (with or without revegetation) of
    (I) solid waste from the extraction, beneficiation, and processing
    of phosphate rock or (II) overburden from the mining of uranium
    ore.
      (iv) Whenever on the basis of any information the Administrator
    determines that any person is in violation of any requirement of
    this subparagraph, the Administrator shall give notice to the
    violator of his failure to comply with such requirement. If such
    violation extends beyond the thirtieth day after the
    Administrator's notification, the Administrator may issue an order
    requiring compliance within a specified time period or the
    Administrator may commence a civil action in the United States
    district court in the district in which the violation occurred for
    appropriate relief, including a temporary or permanent injunction.
      (C) Not later than six months after the date of submission of the
    applicable study required to be conducted under subsection (f),
    (n), (o), or (p), of section 6982 of this title, the Administrator
    shall, after public hearings and opportunity for comment, either
    determine to promulgate regulations under this subchapter for each
    waste listed in subparagraph (A) of this paragraph or determine
    that such regulations are unwarranted. The Administrator shall
    publish his determination, which shall be based on information
    developed or accumulated pursuant to such study, public hearings,
    and comment, in the Federal Register accompanied by an explanation
    and justification of the reasons for it.
    (c) Petition by State Governor
      At any time after the date eighteen months after October 21,
    1976, the Governor of any State may petition the Administrator to
    identify or list a material as a hazardous waste. The Administrator
    shall act upon such petition within ninety days following his
    receipt thereof and shall notify the Governor of such action. If
    the Administrator denies such petition because of financial
    considerations, in providing such notice to the Governor he shall
    include a statement concerning such considerations.
    (d) Small quantity generator waste
      (1) By March 31, 1986, the Administrator shall promulgate
    standards under sections 6922, 6923, and 6924 of this title for
    hazardous waste generated by a generator in a total quantity of
    hazardous waste greater than one hundred kilograms but less than
    one thousand kilograms during a calendar month.
      (2) The standards referred to in paragraph (1), including
    standards applicable to the legitimate use, reuse, recycling, and
    reclamation of such wastes, may vary from the standards applicable
    to hazardous waste generated by larger quantity generators, but
    such standards shall be sufficient to protect human health and the
    environment.
      (3) Not later than two hundred and seventy days after November 8,
    1984, any hazardous waste which is part of a total quantity
    generated by a generator generating greater than one hundred
    kilograms but less than one thousand kilograms during one calendar
    month and which is shipped off the premises on which such waste is
    generated shall be accompanied by a copy of the Environmental
    Protection Agency Uniform Hazardous Waste Manifest form signed by
    the generator. This form shall contain the following information:
        (A) the name and address of the generator of the waste;
        (B) the United States Department of Transportation description
      of the waste, including the proper shipping name, hazard class,
      and identification number (UN/NA), if applicable;
        (C) the number and type of containers;
        (D) the quantity of waste being transported; and
        (E) the name and address of the facility designated to receive
      the waste.

    If subparagraph (B) is not applicable, in lieu of the description
    referred to in such subparagraph (B), the form shall contain the
    Environmental Protection Agency identification number, or a generic
    description of the waste, or a description of the waste by
    hazardous waste characteristic. Additional requirements related to
    the manifest form shall apply only if determined necessary by the
    Administrator to protect human health and the environment.
      (4) The Administrator's responsibility under this subchapter to
    protect human health and the environment may require the
    promulgation of standards under this subchapter for hazardous
    wastes which are generated by any generator who does not generate
    more than one hundred kilograms of hazardous waste in a calendar
    month.
      (5) Until the effective date of standards required to be
    promulgated under paragraph (1), any hazardous waste identified or
    listed under this section generated by any generator during any
    calendar month in a total quantity greater than one hundred
    kilograms but less than one thousand kilograms, which is not
    treated, stored, or disposed of at a hazardous waste treatment,
    storage, or disposal facility with a permit under section 6925 of
    this title, shall be disposed of only in a facility which is
    permitted, licensed, or registered by a State to manage municipal
    or industrial solid waste.
      (6) Standards promulgated as provided in paragraph (1) shall, at
    a minimum, require that all treatment, storage, or disposal of
    hazardous wastes generated by generators referred to in paragraph
    (1) shall occur at a facility with interim status or a permit under
    this subchapter, except that onsite storage of hazardous waste
    generated by a generator generating a total quantity of hazardous
    waste greater than one hundred kilograms, but less than one
    thousand kilograms during a calendar month, may occur without the
    requirement of a permit for up to one hundred and eighty days. Such
    onsite storage may occur without the requirement of a permit for
    not more than six thousand kilograms for up to two hundred and
    seventy days if such generator must ship or haul such waste over
    two hundred miles.
      (7)(A) Nothing in this subsection shall be construed to affect or
    impair the validity of regulations promulgated by the Secretary of
    Transportation pursuant to chapter 51 of title 49.
      (B) Nothing in this subsection shall be construed to affect,
    modify, or render invalid any requirements in regulations
    promulgated prior to January 1, 1983 applicable to any acutely
    hazardous waste identified or listed under this section which is
    generated by any generator during any calendar month in a total
    quantity less than one thousand kilograms.
      (8) Effective March 31, 1986, unless the Administrator
    promulgates standards as provided in paragraph (1) of this
    subsection prior to such date, hazardous waste generated by any
    generator in a total quantity greater than one hundred kilograms
    but less than one thousand kilograms during a calendar month shall
    be subject to the following requirements until the standards
    referred to in paragraph (1) of this subsection have become
    effective:
        (A) the notice requirements of paragraph (3) of this subsection
      shall apply and in addition, the information provided in the form
      shall include the name of the waste transporters and the name and
      address of the facility designated to receive the waste;
        (B) except in the case of the onsite storage referred to in
      paragraph (6) of this subsection, the treatment, storage, or
      disposal of such waste shall occur at a facility with interim
      status or a permit under this subchapter;
        (C) generators of such waste shall file manifest exception
      reports as required of generators producing greater amounts of
      hazardous waste per month except that such reports shall be filed
      by January 31, for any waste shipment occurring in the last half
      of the preceding calendar year, and by July 31, for any waste
      shipment occurring in the first half of the calendar year; and
        (D) generators of such waste shall retain for three years a
      copy of the manifest signed by the designated facility that has
      received the waste.

    Nothing in this paragraph shall be construed as a determination of
    the standards appropriate under paragraph (1).
      (9) The last sentence of section 6930(b) of this title shall not
    apply to regulations promulgated under this subsection.
    (e) Specified wastes
      (1) Not later than 6 months after November 8, 1984, the
    Administrator shall, where appropriate, list under subsection
    (b)(1) of this section, additional wastes containing chlorinated
    dioxins or chlorinated-dibenzofurans. Not later than one year after
    November 8, 1984, the Administrator shall, where appropriate, list
    under subsection (b)(1) of this section wastes containing remaining
    halogenated dioxins and halogenated-dibenzofurans.
      (2) Not later than fifteen months after November 8, 1984, the
    Administrator shall make a determination of whether or not to list
    under subsection (b)(1) of this section the following wastes:
    Chlorinated Aliphatics, Dioxin, Dimethyl Hydrazine, TDI (toluene
    diisocyanate), Carbamates, Bromacil, Linuron, Organo-bromines,
    solvents, refining wastes, chlorinated aromatics, dyes and
    pigments, inorganic chemical industry wastes, lithium batteries,
    coke byproducts, paint production wastes, and coal slurry pipeline
    effluent.
    (f) Delisting procedures
      (1) When evaluating a petition to exclude a waste generated at a
    particular facility from listing under this section, the
    Administrator shall consider factors (including additional
    constituents) other than those for which the waste was listed if
    the Administrator has a reasonable basis to believe that such
    additional factors could cause the waste to be a hazardous waste.
    The Administrator shall provide notice and opportunity for comment
    on these additional factors before granting or denying such
    petition.
      (2)(A) To the maximum extent practicable the Administrator shall
    publish in the Federal Register a proposal to grant or deny a
    petition referred to in paragraph (1) within twelve months after
    receiving a complete application to exclude a waste generated at a
    particular facility from being regulated as a hazardous waste and
    shall grant or deny such a petition within twenty-four months after
    receiving a complete application.
      (B) The temporary granting of such a petition prior to November
    8, 1984, without the opportunity for public comment and the full
    consideration of such comments shall not continue for more than
    twenty-four months after November 8, 1984. If a final decision to
    grant or deny such a petition has not been promulgated after notice
    and opportunity for public comment within the time limit prescribed
    by the preceding sentence, any such temporary granting of such
    petition shall cease to be in effect.
    (g) EP toxicity
      Not later than twenty-eight months after November 8, 1984, the
    Administrator shall examine the deficiencies of the extraction
    procedure toxicity characteristic as a predictor of the leaching
    potential of wastes and make changes in the extraction procedure
    toxicity characteristic, including changes in the leaching media,
    as are necessary to insure that it accurately predicts the leaching
    potential of wastes which pose a threat to human health and the
    environment when mismanaged.
    (h) Additional characteristics
      Not later than two years after November 8, 1984, the
    Administrator shall promulgate regulations under this section
    identifying additional characteristics of hazardous waste,
    including measures or indicators of toxicity.
    (i) Clarification of household waste exclusion
      A resource recovery facility recovering energy from the mass
    burning of municipal solid waste shall not be deemed to be
    treating, storing, disposing of, or otherwise managing hazardous
    wastes for the purposes of regulation under this subchapter, if - 
        (1) such facility - 
          (A) receives and burns only - 
            (i) household waste (from single and multiple dwellings,
          hotels, motels, and other residential sources), and
            (ii) solid waste from commercial or industrial sources that
          does not contain hazardous waste identified or listed under
          this section, and

          (B) does not accept hazardous wastes identified or listed
        under this section, and

        (2) the owner or operator of such facility has established
      contractual requirements or other appropriate notification or
      inspection procedures to assure that hazardous wastes are not
      received at or burned in such facility.

-SOURCE-
    (Pub. L. 89-272, title II, Sec. 3001, as added Pub. L. 94-580, Sec.
    2, Oct. 21, 1976, 90 Stat. 2806; amended Pub. L. 96-482, Sec. 7,
    Oct. 21, 1980, 94 Stat. 2336; Pub. L. 98-616, title II, Secs.
    221(a), 222, 223(a), Nov. 8, 1984, 98 Stat. 3248, 3251, 3252; Pub.
    L. 104-119, Sec. 4(1), Mar. 26, 1996, 110 Stat. 833.)

-COD-
                               CODIFICATION                           
      In subsec. (d)(7)(A), "chapter 51 of title 49" substituted for
    "the Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et
    seq.]" on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994,
    108 Stat. 1378, the first section of which enacted subtitles II,
    III, and V to X of Title 49, Transportation.

-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (d)(5). Pub. L. 104-119 made technical amendment
    to reference in original act which appears in text as reference to
    this section.
      1984 - Subsec. (b)(1). Pub. L. 98-616, Sec. 222(b), inserted at
    end "The Administrator, in cooperation with the Agency for Toxic
    Substances and Disease Registry and the National Toxicology
    Program, shall also identify or list those hazardous wastes which
    shall be subject to the provisions of this subchapter solely
    because of the presence in such wastes of certain constituents
    (such as identified carcinogens, mutagens, or teratagens) [sic] at
    levels in excess of levels which endanger human health."
      Subsec. (d). Pub. L. 98-616, Sec. 221(a), added subsec. (d).
      Subsecs. (e) to (h). Pub. L. 98-616, Sec. 222(a), added subsecs.
    (e) to (h).
      Subsec. (i). Pub. L. 98-616, Sec. 223(a), added subsec. (i).
      1980 - Subsec. (b). Pub. L. 96-482 designated existing provisions
    as par. (1) and added pars. (2) and (3).

                                REGULATION                            
      Pub. L. 99-499, title I, Sec. 124(b), Oct. 17, 1986, 100 Stat.
    1689, provided that: "Unless the Administrator of the Environmental
    Protection Agency promulgates regulations under subtitle C of the
    Solid Waste Disposal Act [42 U.S.C. 6921 et seq.] addressing the
    extraction of wastes from landfills as part of the process of
    recovering methane from such landfills, the owner and operator of
    equipment used to recover methane from a landfill shall not be
    deemed to be managing, generating, transporting, treating, storing,
    or disposing of hazardous or liquid wastes within the meaning of
    that subtitle. If the aqueous or hydrocarbon phase of the
    condensate or any other waste material removed from the gas
    recovered from the landfill meets any of the characteristics
    identified under section 3001 of subtitle C of the Solid Waste
    Disposal Act [42 U.S.C. 6921], the preceding sentence shall not
    apply and such condensate phase or other waste material shall be
    deemed a hazardous waste under that subtitle, and shall be
    regulated accordingly."

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of certain enforcement functions of Administrator or
    other official of Environmental Protection Agency under this
    chapter to Federal Inspector, Office of Federal Inspector for the
    Alaska Natural Gas Transportation System, and subsequent transfer
    to Secretary of Energy, 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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                           01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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             01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                  01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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 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.
      The Federal Bankruptcy Code, referred to in subsec. (d)(2),
    probably means a reference to Title 11, Bankruptcy.

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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, notwithstanding section 9508(c)(1) of
      title 26 - 
          (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.)

-MISC1-
                                AMENDMENTS                            
      2006 - 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                                01/02/2006

-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                                            01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

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

-HEAD-
    Sec. 6992g. Repealed. Pub. L. 105-362, title V, Sec. 501(h)(1)(A),
      Nov. 10, 1998, 112 Stat. 3284

-MISC1-
      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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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                                           01/02/2006

-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-