Federal Facilities Compliance Act of 1991
PL 102-386 (H.R.2194), enacted 10/06/1992

PUBLIC LAW 102-386—OCT. 6, 1992 
106 STAT. 1505 
Public Law 102-386 
102d Congress 
An Act 
To amend the Solid Waste Disposal Act to clarify provisions concerning the applica-
tion of certain requirements and sanctions to Federal facilities. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
TITLE I—FEDERAL FACILITY 
COMPLIANCE ACT 
Oct. 6, 1992 
[H.R. 2194] 
Environmental 
protection. 
Federal Facility 
Compliance Act 
of 1992. 
SEC. 101. SHORT TITLE. 
This title may be cited as the "Federal Facility Compliance 
Act of 1992". 
SEC. 102. APPUCATION OF CERTAIN PROVISIONS TO FEDERAL FACIU-
TIES. 
(a) IN GENERAL.—Section 6001 of the Solid Waste Disposal 
Act (42 U.S.C. 6961) is amended— 
(1) by inserting "(a) IN GENERAL.—" after "6001."; 
(2) in the first sentence, by inserting "and management" 
before "in the same manner"; 
(3) by inserting after the first sentence the following: "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 sub-
stantive or procedural requirement (including, but not limited 
to, any injimctive 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, amend-
ments 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 hazard-
ous waste regulatory program."; and 
(4) by inserting aft;er the second sentence the following: 
"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 
42 use 6901 
note. 
106 STAT. 1506 
PUBLIC LAW 102-386—OCT. 6, 1992 
42 use 6961. 
42 use 6961 
note. 
(including, but not limited to, any fine or imprisonment) iinder 
any Federal or State solid or hazardous waste law, but no 
department, agency, or instrumentality of the executive, legisla-
tive, or judicial branch of the Federal Grovemment shall be 
subject to any such sanction.". 
(b) ADMINISTRATIVE ENFORCEMENT ACTIONS.—Such section is 
further 
amended by adding at the end the following new 
subsections: 
"(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 Act. The Adminis-
trator shall initiate an administrative enforcement action against 
such a department, agency, or instrumentality in the same manner 
and under the same circtunstances 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 the date 
of the enactment of the Federal Facilitv Compliance Act of 1992 
or a State constitution requires the fimds to be used in a different 
manner, all funds collected by a State from the Federal Grovemment 
from penalties and fines imposed for violation of any substantive 
or procedural requirement referred to in subsection (a) 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.". 
(c) EFFECTIVE DATES.— 
(1) IN GENERAL.—^Except as otherwise provided in para-
graphs (2) and (3), the amendments made by subsection (a) 
shall take effect upon the date of the enactment of this Act. 
(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 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 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 immimity contained in section 6001(a) of the Solid 
Waste Disposal Act with respect to civil, criminal, and adminis-
trative 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 Govern-
PUBLIC LAW 102-386—OCT. 6, 1992 
106 STAT. 1507 
ment 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 subpciragraph (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 pursu-
ant to section 3021(b) of the Solid Waste Disposal Act 
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 immunitv 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 agree-
ment, permit, or order), including, without limitation, any provi-
sion 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 para-
graph (4), nothing in this Act shall be construed to alter, 
moaify, 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 (jovemment is a 
party. 
SEC. 103. DEFINITION OF PERSON. 
Section 1004(15) of the Solid Waste Disposal Act (42 U.S.C. 
6903(15)) is amended by adding the following before the period: 
''and shall include each department, agency, and instrumentality 
ofthe United States". 
SEC. 104. FACILITY ENVIRONMENTAL ASSESSMENTS. 
Section 3007(c) of the Solid Waste Disposal Act (42 U.S.C. 
6927(c)) is amended as follows: 
(1) The first sentence is amended by striking out "Begin-
ning^ and all that follows through "undertake" and inserting 
in lieu thereof "The Administrator shall undertake". 
(2) The first sentence is further amended by striking out 
"Federal agency" and inserting in lieu thereof "department, 
agency, or instrumentality of the United States". 
(3) The section is further amended by inserting after the 
first sentence the following new sentence: "Any State with 
an authorized hazardous waste program also may conduct an 
inspection of any such facili^ for purposes of enforcing the 
facility's compliance with the State hazardous waste program.". 
106 STAT. 1508 
PUBLIC LAW 102-386—OCT. 6, 1992 
(4) The section is further amended by adding at the end 
the following: The department, agency, or instrumentality own-
ing or operating each such facility shall reimburse the Environ-
mental Protection Agency for the costs of the inspection of 
the facility. With respect to the first inspection of each such 
facility occurring after the date of the enactment of the Federal 
Facility Compliance Act of 1992, the Administrator shall con-
duct a comprehensive ground water monitoring evaluation at 
the facility, luiless such an evaluation was conducted during 
the 12-month period preceding such date of enactment.". 
SEC. 105. MECED WASTE INVENTORY REPORTS AND PLAN. 
(a) MIXED WASTE AMENDMENT.—(1) Subtitle C of the Solid 
Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by adding 
at the end the following new section: 
42 use 6939c. 
«SEC. 3021. MIXED WASTE INVENTORY REPORTS AND PLAN. 
"(a) MECED WASTE INVENTORY REPORTS.— 
"(1) REQUIREMENT.—Not later than 180 days after the date 
of the enactment of the Federal FaciUty Compliance Act of 
1992, the Secretary of Energy shall submit to the Administrator 
and to the Governor of eacn 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 gen-
erated, on a State-by-State basis. 
"(B) A report containing a nationed inventory of mixed 
waste treatment capacities and technologies. 
"(2) INVENTORY OF WASTES.— The report required by para-
graph (IXA) 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 prohioition requirements of section 3004 
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 Stete for each mixed waste stream. 
"(E) The EPA hazardous waste code for each type 
of mixed waste conteining waste that has been character-
ized 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 descrip-
tion of whether the determination is based on sampling 
PUBLIC LAW 102-386—OCT. 6, 1992 
106 STAT. 1509 
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 tor the hazardous waste compo-
nent of each type of mixed waste at each Department 
of Energy faciUty in each State. 
"(J) A statement of whether and how the radionuclide 
content of the waste £dters or afTects use of the technologies 
described in subparagraph (I). 
"(3) INVENTORY OF TREATMENT CAPACITIES AND TECH-
NOLOGIES.—^The report required by paragraph (IXB) shall 
include the following: 
"(A) An estimate of the available treatment capacity 
for each waste described in the report required by para-
graph (1)(A) for which treatment technologies exist. 
"(B) A description, including the capacity, nimiber 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 consid-
ered 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 (IXA) to meet the require-
ments of regulations promulgated pursuant to section 
3004(m). 
"(D) For each unit listed in subparagraph (C), a state-
ment of the reasons why the unit was not included in 
calculating the estimate under subparagraph (A). 
"(E) A description, including the capacity, nimiber, 
location, and estimated date of availability, of each treat-
ment unit currently proposed to increase the treatment 
capacities estimated under subparagraph (A). 
"(F) For each waste described in the report required 
by paragraph (IXA) for which the Department has deter-
mined no treatment technology exists, information suffi-
cient 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 wmch received uie reports shall submit any comments 
they may have concerning the reports to the Department of 
Enei^. 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.—(AXi) For each facility at which 
the Department of Energy generates or stores mixed wastes, 
except any facility subject to a permit, agreement, or order 
106 STAT. 1510 
PUBLIC LAW 102-386—OCT. 6, 1992 
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 facilit3r's 
mixed wastes, regardless of the time they were generated, 
to the standards promiilgated pursuant to section 3004(m). 
"(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 snail contain the following: 
"(i) For mixed wastes for which treatment technologies 
exist, a schedule for submitting all applicable permit 
appUcations, entering into contracts, initiating construc-
tion, conducting systems testing, commencing operations, 
and processing backlogged and currently generated mixed 
wastes. 
"(ii) For mixed wastes for which no treatment tech-
nologies 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 vmere 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 radio-
nuclide separation, the volume of waste that would exist 
or be generated without radionuclide separation, the esti-
mated 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 imder this subsection may provide 
for centrsdized, 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 3006 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 descritied in subparagraph (A), the Secretary 
shall submit the plan required under paragraph (1) to the 
Administrator of the Environmental Protection Agency for 
PUBLIC LAW 102-386—OCT. 6, 1992 
106 STAT. 1511 
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 modi-
fications, or disapprove the plan within 6 months after receipt 
of the plan. 
''(C) Upon the approval of a plan under this parag^raph 
by the Administrator or a State, the Administrator shall issue 
an order under section 3008(a), or the State shall issue an 
order under appropriate State authority, requiring compliance 
with the approved plan. 
"(3) PuBUC 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 p£u*agraphs 
(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 3004^) with respect to mixed waste, and 
(ii) issues an order requiring complisince 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 immu-
nity contained in section 6001(a). 
**(c) SCHEDULE AND PROGRESS REPORTS.— 
"(1) SCHEDULE.—Not later than 6 months after the date Federal 
of the enactment of the Federal Facility Compliance Act of 
^^^^[io^ 
1992, the Secretary of Ener^ shall publish in the Federal ^" 
Register a schedule for submitting the plans required under 
subsection (b). 
"(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 sub-
section (b). 
"(ii) The status of State and Environmental Protection 
Agency review and approval of each such plsm. 
"(iii) The number of orders requiring compliance with 
such plans that are in effect. 
106 STAT. 1512 
PUBLIC LAW 102-386—OCT. 6, 1992 
"(iv) For the first 2 reports required under this para-
graph, an identification of the plans required under such 
subsection (b) 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 the date 
of the enactment of the Federal Facility Compliance Act of 
1992, 24 months after such date, and 36 months after such 
date.". 
(2) The table of contents for subtitle C of the Solid Waste 
Disposal Act (contained in section 1001) is amended by adding 
at the end the following new item: 
"Sec. 3021. Mixed waste inventory reports and plan.". 
(b) DEFINITION.—Section 1004 of the Solid Waste Disposal Act 
42 use 6903. 
(42 U.S.C. 6902) is amended by adding at the end the following 
new paragraph: 
"(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.).". 
42 use 6939c 
(c) GAO REPORT.— 
n°*« 
(1) REQUIREMENT.—Not later than 18 months after the 
date of the enactment of this Act, the Comptroller General 
shall submit to Congress a report on the Department of Ener-
g / s progress in compl)dng with section 3021(b) of the Solid 
Waste Disposal Act. 
(2) MATTERS TO BE INCLUDED.—^The report required imder 
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 reqmring 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 capac-
ity that have been developed by the Department of Energy 
since the date of the enactment of tnis 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 Energjr 
in characterizing its mixed waste streams at each s u ^ 
facility by sampling and analysis. 
' 
(G) An identification and analysis of additional actions 
that the Department of Energy must teke to— 
(i) complete submission of all plans required under 
such section 3021(b) for all such facilities; 
PUBLIC LAW 102-386—OCT. 6, 1992 
106 STAT. 1513 
(ii) obtain the adoption of orders requiring compli-
ance with all such ptlans; and 
(iii) develop mixed waste treatment capacity and 
technologies. 
SEC. 106. PUBUC VESSELS. 
(a) AMENDMENT.—Subtitle C of the Solid Waste Disposal Act 
(42 U.S.C. 6921 et seq.) is further amended by adding at the 
end the following new section: 
*nSEC. 3022. PUBUC VESSELS. 
42 USC 6939d. 
"(a) WASTE GENERATED ON PUBUC VESSELS.—Any hazardous 
waste generated on a public vessel shall not be subject to the 
storage, manifest, inspection, or recordkeeping requirements of this 
Act imtil such waste is transferred to a shore facility, imless— 
''(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 vdthin 
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 sub-
section (a), the 90-day period begins on the earlier oi— 
"(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 mean-
ings applicable to those terms under section 7293 and sections 
7304 through 7308 of title 10, United States Code, and regula-
tions 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, United States Code.". 
(b) TECHNICAL AMENDMENT.—The table of contents for subtitle 
C of such Act (contained in section 1001) is further amended by 
adding at the end the following new item: 
"Sec. 3022. Public vessels.". 
SEC. 107. MUNITIONS. 
Section 3004 of the Solid Waste Disposal Act (42 U.S.C. 6924) 
is amended by adding at the end the following new subsection: 
"(y) MUNITIONS.—(1) Not later than 6 months after the date Regulations. 
of the enactment of the Federal Facility Compliance Act of 1992, 
the Administrator shall propose, after consulting with the Secretary 
of Defense and appropriate State officials, regulations identifying 
106 STAT. 1514 
PUBLIC LAW 102-386—OCT. 6, 1992 
when military munitions become hazardous waste for purposes 
of this subtitle and providing for the safe transportation ana storage 
of such waste. Not later than 24 months after such date, 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 muni-
tions' includes chemical and conventional munitions.". 
SEC. 108. FEDERALLY OWNED TREATMENT WORKS. 
(a) AMENDMENT.—Subtitle C of the Solid Waste Disposal Act 
(42 U.S.C. 6921 et seq.) is further amended by adding at the 
end the following new section: 
42 use 6939e. 
"SEC. 3023. FEDERALLY OWNED TREATMENT WORKS. 
"(a) IN GENERAL.—For purposes of section 1004(27), 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 307 of the Federal Water 
Pollution Control Act (33 U.S.C. 1317), 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 307 of the Federal Water Pollution Control Act (33 
U.S.C. 1317), 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 the date of enactment of this section, such stand-
ard is promulgated on or before the date established in the 
schedule, and £ifter 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 (d), (e), (f), or (g) of section 3004 because 
such material has been treated in accordance with section 
3004(m); or 
"(4) notwithstanding paragraphs (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 imless such solid or dissolved material would other-
wise be an acutely hazardous waste and subject to standards, 
regulations, or other requirements under this Act notwithstand-
ing the quantity generated. 
"(b) PROHIBITION.—It is imlawful 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 decon-
tamination is adequate, in the discretion of the Administrator or, 
in the case of an authorized State, of the State, to protect himian 
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. 
PUBLIC LAW 102-386—OCT. 6, 1992 
106 STAT. 1515 
"(3) Nothing in this subsection shall be construed to affect 
any other enforcement authorities available to the Administrator 
or a State imder this subtitle. 
"(d) DEFINITION.—For purposes of this section, the term 'feder-
ally owned treatment works' means a facility that is owned and 
operated by a department, agency, or instrumentality of the Federal 
Cxovemment treating wastewater, a majority of which is domestic 
sewage, prior to discharge in accordance with a permit issued 
under section 402 of the Federal Water Pollution Control Act. 
"(e) SAVINGS CLAUSE.—Nothing in this section shall be con-
strued 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 the date 
of the enactment of this section 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.". 
(b) TECHNICAL AMENDMENT.—^The table of contents for subtitle 
C of such Act (contained in section 1001) is further amended by 
adding at the end the following new item: 
"Sec. 3023. Federally owned treatment works.". 
SEC. 109. SMALL TOWN ENVIRONMENTAL PLANNING. 
42 USC 6908. 
(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.— Establishment. 
(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) identifv regulations developed pursuant to Federal 
environmental laws which pose signincant 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 environ-
mental 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 the date of the enactment of this 
Act, the Administrator shall publish a list of requirements under 
Federal environmental and public health statutes (and the regula-
tions developed pursuant to such statutes) applicable to small 
106 STAT. 1516 
PUBLIC LAW 102-386—OCT. 6, 1992 
towns. Not less than annually, the Administrator shall make such 
additions £uid deletions to and from the list as the Administrator 
deems appropriate. 
(2) The Administrator shall, as part of the Small Town Environ-
mental 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 nimiber of small communities, including 
any of the following: 
(A) Newspapers and other periodicals. 
(B) Other news media. 
(C) Trade, mimicipal, and other associations that the 
Administrator determines to be appropriate. 
(D) Direct mail. 
Establishment. 
(d) SMALL TowN OMBUDSMAN.—The Administrator shall estab-
lish 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-MEDL\ PERMITS.—(1) The Administrator shall con-
duct 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. 
Reports. 
(2) Within 3 years after the date of enactment of this Act, 
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). 
(f) DEFINITION.—For purposes of this section, the term "small 
town" means an incorporated or unincorporated commimity (as 
defined by the Administrator) with a population of less than 2,500 
individuals. 
(g) AUTHORIZATION.—^There is authorized to be appropriated 
the simi of $500,000 to implement this section. 
42 use 6965. 
SEC. 110. CHIEF FINANCIAL OFFICER REPORT. 
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. 
PUBLIC LAW 102-386—OCT. 6, 1992 
106 STAT. 1517 
TITLE 
II—METROPOLITAN 
WASHING- ^^J^^S^^ 
TON 
WASTE MANAGEMENT STUDY S
^
^
e
^
^
n
t 
/l^QT^ 
Study Act. 
SEC. 201. SHORT TITLE. 
This title may be cited as the "MetropoUtan Washington Waste 
Management Study Act". 
SEC. 202. FINDINGS. 
The Congress finds that the 1-95 Sanitary Landfill, in Lorton, 
Virginia, is located on Federal land, and the ultimate responsibility 
for mcdntaining environmental integrity at such landfill is on the 
Federal Government, as well as the signatories to the July 1981 
1-95 Sanitary Landfill Memorandum of Understanding. 
SEC. 203. ENVIRONMENTAL IMPACT STATEMENT 
(a) ENVIRONMENTAL IMPACT STATEMENT.—Except as provided 
in subsection (b), in order to assure environmental integrity in 
and around properties owned by the Government of the United 
States, no expansion of the 1-95 Sanitary Landfill shall be permitted 
or otherwise authorized unless— 
(1) an environmental impact statement, pursuant to the 
National Environmental Policy Act, regarding any such pro-
posed expansion has been completed and approved by the 
Administrator; and 
(2) the costs incurred in conducting and completing such 
environmental impact statement are paid (A) from the landfill's 
so-called enterprise fund established pursuant to the July 1981 
1-95 Sanitary Landfill Memorandiun of Understanding, or (B) 
in accordance with some other payment formula based on past 
and projected percentage of the jurisdictional usage of the land-
fill. 
(b) EXCEPTION.—(1) Notwithstanding subsection (a), the 1-95 
Sanitarv Landfill may be expanded for the purpose of the ash 
monofill planned by the parties to the July 1981 1-95 Sanitary 
Landfill Memorandum of Understanding if such monofill, subject 
to paragraph (2), is used solely for the disposal of incinerator 
ash from such parties. 
(2) The ash monofill referred to in paragraph (1) may be used 
for the disposal of solid waste for a meiximum of 30 days whenever 
a resource recovery facility, or an incinerator and a resource recov-
ery facility, operated for or by the parties to the July 1981 I-
95 Sanitary Landfill Memorandum of Understanding is completely 
unavailable because of an emergency shutdown. 
(c) LIMITATION.—Afler December 31, 1995, the 1-95 Sanitary 
Landfill, including any expansions thereof, shall not be available 
to receive or dispose of municipal or industrial waste of any kind 
other than incinerator ash unless the conditions eniunerated in 
subsection (a) are met. 
(d) GENERAL.—^Notwithstanding any other provision of this title, 
the parties of the July 1981 1-95 Sanitary Landfill Memorandum 
of Understanding, together with the Federal Government, shall 
continue to be responsible for maintaining environmental stability 
at the 1-95 Sanitary Landfill, including any expansion, in accord-
ance with applicable laws of the United States, the Commonwealth 
106 STAT. 1518 
PUBLIC LAW 102-386—OCT. 6, 1992 
of Virginia, and the local jurisdictions in which the 1-95 Sanitary 
Lcuidfill is located. 
SEC. 204. DEFINITIONS. 
For purposes of this title: 
(1) The term "expansion" includes any development or use, 
after May 31, 1991, of any lands (other than those lands which 
were used as a landfill on or before May 31, 1991) owned 
by the Government of the United States in and aroimd Lorton, 
Virginia, for the purpose of, or use as, a sanitai^ landfill 
in accordance Math the July 19811-95 Sanitary Landfill Memo-
randum of Understanding. The term also includes variances 
or exemptions from any elevation requirements relating to land-
fill operations established by the laws of the Commonwealth 
of Virginia, or any subdivision thereof, in connection with any 
such lands used on or before May 31,1991. 
(2) The term 'lands owned by the Government of the United 
States" includes anv lands owned by the United States, and 
any such lands with respect to which the Grovemment of the 
District of Coliunbia has beneficial ownership. 
(3) The term "July 1981 1-95 Sanitary Landfill Memoran-
dum of Understanding^ means the document titled "Memoran-
dimi of Understanding 1-95 Resource Recovery, Land 
Reclamation, and Recreation Complex" that was executed July 
22, 1981, and subsequently amended by supplemental agree-
ments executed before May 31,1991. 
Approved October 6, 1992. 
LEGISLATIVE HISTORY—H.R. 2194 (S. 596): 
HOUSE REPORTS: Nos. 102-111 (Ck)mm. on Energy and Commerce) and 102-886 
(Coram, of Conference). 
SENATE REPORTS: No. 102-67 accompanying S. 596 (Comm. on Environment and 
Public Works). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): June 24, considered and passed House. 
Oct. 17, 22, S. 596 considered in Senate. 
Oct. 24, H.R. 2194 considered and passed Senate, amended, in 
lieu of S. 596. 
Vol. 138 (1992): Sept. 23, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Oct. 6, Presidential statement.