Hazardous and Solid Waste Amendments of 1984
PL 98-616 (H.R.2867), enacted 11/08/1984

PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3221 
Public Law 98-616 
98th Congress 
An Act 
To amend the Solid Waste Disposal Act to authorize appropriations for the fiscal 
Nov. 8, 1984 
years 1985 through 1988, and for other purposes. 
[H.R. 2867] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
The Hazardous 
and Solid Waste 
SHORT TITLE AND TABLE OF CONTENTS 
Amendments of 
1984. 
SECTION 1. This Act may be cited as "The Hazardous and Solid f^^^^ ^^^^ 
Waste Amendments of 1984". 
Pollution. 
TABLE OF CONTENTS 
Sec. 1. Short title and table of contents. 
Sec. 2. Authorizations for fiscal years 1985 through 1988. 
TITLE I—PROVISIONS RELATING PRIMARILY TO SUBTITLES A AND B OF 
THE SOLID WASTE DISPOSAL ACT 
SEC. 101. Findings and objectives of Solid Waste Disposal Act. 
Sec. 102. Dioxins from resource recovery facilities. 
Sec. 103. Ombudsman. 
TITLE II—PROVISIONS RELATING PRIMARILY TO SUBTITLE C OF THE 
SOLID WASTE DISPOSAL ACT 
Subtitle A—Amendments Primarily to Section 3004 
Sec. 201. Land disposal of hazardous waste. 
Sec. 202. Minimum technological requirements. 
Sec. 203. Ground water monitoring. 
Sec. 204. Burning and blending of hazardous waste. 
Sec. 205. Direct action. 
Sec. 206. Continuing releases at permitted facilities. 
Sec. 207. Corrective action beyond facility boundaries; underground tanks. 
Sec. 208. Financial responsibility for corrective action. 
Sec. 209. Mining waste and other special wastes. 
Subtitle B—Amendments Primarily to Section 3005 
Sec. 211. Authority to construct hazardous waste treatment, storage, or disposal fa-
cilities. 
Sec. 212. Permit life. 
Sec. 213. Interim status. 
Sec. 214. New and innovative treatment technologies. 
Sec. 215. Existing surface impoundments. 
Subtitle C—Amendments Primarily to Other Sections in Subtitle C 
Sec. 221. Small quantity generator waste. 
Sec. 222. Listing and delisting of hazardous waste. 
Sec. 223. Clarification of household waste exclusion. 
Sec. 224. Waste minimization. 
Sec. 225. Basis of authorization. 
Sec. 226. Availability of information. 
Sec. 227. Interim authorization of State programs. 
Sec. 228. Application of amendments to authorized States. 
Sec. 229. Federal facilities. 
Sec. 230. State-operated facilities. 
Sec. 231. Mandatory inspections. 
Sec. 232. Federal enforcement. 
Sec. 233. Interim status corrective action orders. 
98 STAT. 3222 
PUBLIC LAW 98-616—NOV. 8, 1984 
Sec. 234. Effective date of regulations. 
Subtitle D—New Sections in Subtitle C 
Sec. 241. Management of used oil. 
Sec. 242. Recovery and recycling of used oil. 
Sec. 243. Expansion during interim status. 
Sec. 244. Inventory of Federal agency hazardous waste facilities. 
Sec. 245. Export of hazardous waste. 
Sec. 246. Domestic sewage. 
Sec. 247. Exposure information and health asessments. 
TITLE III-PROVISIONS RELATING PRIMARILY TO SUBTITLE D OF THE 
SOLID WASTE DISPOSAL ACT 
Sec. 30L Size of waste-to-energy facilities. 
Sec. 302. Subtitle D improvements. 
TITLE IV—PROVISIONS RELATING PRIMARILY TO SUBTITLE G OF THE 
SOLID WASTE DISPOSAL ACT 
Sec. 401. Citizen suits. 
Sec. 402. Imminent hazard. 
Sec. 403. Enforcement. 
Sec. 404. Public participation in settlements. 
Sec. 405. Interim control of hazardous waste injection. 
TITLE V—PROVISIONS RELATING TO SEVERAL SUBTITLES OF THE SOLID 
WASTE DISPOSAL ACT 
Sec. 501. Use of recovered materials by Federal agencies. 
Sec. 502. Technical and clerical amendments. 
TITLE VI—UNDERGROUND STORAGE TANKS 
Sec. 601. Underground storage tank regulation. 
TITLE VII—OTHER PROVISIONS 
Sec. 701. Report to Congress on injection of hazardous waste. 
Sec. 702. Extending the useful life of sanitary landfills. 
Sec. 703. Uranium mill tailings. 
Sec. 704. National Ground Water Commission. 
AUTHORIZATIONS FOR FISCAL YEARS 1985 THROUGH 1988 
42 use 6916. 
SEC. 2. (a) Section 2007(a) of the Solid Waste Disposal Act (relating 
to general authorization) is amended by striking out 
"and 
$80,000,000 for the fiscal year ending September 30, 1982" and 
substituting "$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, 
),000,000 for the fiscal year ending September 30, 1987, and 
),000,000 for the fiscal year 1988". 
42 use 6931. 
(b) Section 3011(a) of the Solid Waste Disposal Act (relating to 
State hazardous waste programs) is amended by striking out "and 
$40,000,000 for fiscal year 1982" and substituting "$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". 
42 use 6933. 
(c) Section 3012 of the Solid Waste Disposal Act (relating to the 
hazardous 
waste 
inventory) 
is 
amended 
by 
striking 
out 
"$20,000,000" in subsection (c)(2) and inserting in lieu thereof 
"$25,000,000 for each of the fiscal years 1985 through 1988". 
42 use 6948. 
(d) Section 4008(a)(1) of the Solid Waste Disposal Act (relating to 
development and implementation assistance) is amended by striking 
out "and $20,000,000 for fiscal year 1982" and substituting 
PUBLIC LAW 98-616—NOV. 8, 1984 
STAT. 3223 
42 use 6956. 
42 use 6916. 
"$20,000,000 for the fiscal year 1982, and $10,000,000 for each of the 
fiscal years 1985 through 1988". 
(e) Section 4008(a)(2XC) of the Solid Waste Disposal Act (relating to 
42 use 6948. 
implementation assistance) is amended by striking out "and 
$10,000,000 for fiscal year 1982" and substituting "$10,000,000 for 
fiscal year 1982, and $10,000,000 for each of the fiscal years 1985 
through 1988". 
"(f) UNDERGROUND STORAGE TANKS.—(1) There are authorized to 
be appropriated to the Administrator for the purpose of carrying out 
the provisions of subtitle I (relating to regulation of underground 
Post, p. 3277. 
storage tanks), $10,000,000 for each of the fiscal years 1985 through 
1988. 
(g) Section 4008 of the Solid Waste Disposal Act (relating to 
Federal assistance for certain programs) is amended in paragraph 
(4) of subsection (f) (relating to assistance to States for discretionary 
programs for recycled oil) by striking out "and $5,000,000 for fiscal 
year 1983" and substituting ", $5,000,000 for fiscal year 1983, and 
$5,000,000 for each of the fiscal years 1985 through 1988". 
(h) Section 5006 of the Solid Waste Disposal Act (relating to 
Department of Commerce functions) is amended by inserting after 
"1982" the following "and $1,500,000 for each of the fiscal years 1985 
through 1988". 
(i) Section 2007 of the Solid Waste Disposal Act (relating to 
criminal investigators) is amended by adding the following new 
subsections at the end thereof: 
"(e) CRIMINAL INVESTIGATORS.—There is authorized to be appropri-
ated 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 investi-
gation of, any activity for which a criminal penalty is provided) 
under this Act; 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 carrjdng out 
the provisions of subtitle I (relating to regulation of underground 
storage temks), $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 
Grants. 
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 subtitle I." 
(j) There is authorized to be appropriated for purposes of section 
2210)) of this Act $500,000 for each of the fiscal years 1985 through 
1987. 
(k) Section 4008(aX2) of the Solid Waste Disposal Act is amended 
42 use 6948. 
by adding the following new subparagraph after subparagraph (C): 
"(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 1988, $20,000,000 
for grants to States (and where appropriate to regional, local, and 
interstate agencies) to implement programs requiring compliance by 
98 STAT. 3224 
PUBLIC LAW 98-616—NOV. 8, 1984 
solid waste management facilities with the criteria promulgated 
42 use 6944, 
under section 4004(a) and section 1008(aX3) and with the provisions 
42^usc 6945 
°^ section 4005. To the extent practicable, such programs shall 
require such compliance not later than thirty-six months after the 
date of the enactment of the Hazardous and Solid Waste Amend-
ments of 1984.". 
(1) For provisions authorizing the appropriation of funds for the 
Post, p. 3289. 
National Ground Water Commission, see section 704 of this Act. 
TITLE I—PROVISIONS RELATING PRIMARILY TO SUBTITLES 
A AND B OF THE SOLID WASTE DISPOSAL ACT 
FINDINGS AND OBJECTIVES OF SOUD WASTE DISPOSAL ACT 
42 use 6901. 
SEC. 101. (a) Section 1002(b) of the Solid Waste Disposal Act is 
amended by— 
(1) striking out paragraph (5) and substituting: 
"(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 environ-
ment, reliance on land disposal should be minimized or elimi-
nated, and land disposal, particularly landfill and surface 
impoundment, should be the leeist favored method for managing 
h£izardous wastes; and"; 
(2) redesignating parsigraph (6) as paragraph (8); and 
(3) striking out the semicolon in redesignated paragraph (8) 
and substituting a period. 
42 use 6902. 
(b) Section 1003 of the Solid Waste Disposal Act is amended by— 
(1) adding "AND NATIONAL POUCY" to the title, inserting "(a) 
OBJECTIVES.—" after "SEC. 1003.", and adding the following new 
subsection at the end thereof: 
eongress. 
"(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."; 
and 
(2) striking out paragraph (4) of subsection (a) (as designated 
by paragraph (1) of this subsection), substituting the following 
new paragraphs in such subsection (a), and redesignating para-
graphs (5) through (8) thereof as paragraphs (8) through (11): 
"(4) £issuring 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 substi-
PUBLIC LAW 98-616—NOV. 8, 1984 
STAT. 3225 
tution, materials recovery, properly conducted recycling and 
reuse, and treatment; 
"(7) establishing a viable Federal-State partnership to carry 
out the purposes of this Act and insuring that the Administra-
tor will, in carrying out the provisions of subtitle C of this Act, 
give a high priority to assisting and cooperating with States in 
obtaining full authorization of State programs under subtitle 
C;". 
DIOXINS FROM RESOURCE RECOVERY FACILITIES 
SEC. 102. Section 1006(b) of the Solid Waste Disposal Act is amended 
by inserting "(1)" after "INTEGRATION WITH OTHER ACTS.—" and 
by adding the following new paragraph at the end thereof: 
"(2)(A) As promptly as practicable after the date of the enactment 
of the Hazardous and Solid Waste Amendments of 1984, the Admin-
istrator shall submit a report describing— 
"(i) the current data and information available on emissions 
of polychlorinated dibenzo-p-dioxins from resource recovery fa-
cilities 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 pub-
lish advisories or guidelines regarding the control of dioxin emis-
sions 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 
regarding emissions of polychlorinated dibenzo-p-dioxins.". 
42 u s e 6905. 
Report. 
42 u s e 7401 
note. 
OMBUDSMAN 
SEC. 103. (a) Subtitle B of the Solid Waste Disposal Act is amended 
by inserting the following new section after section 2007: 
OFFICE OF OMBUDSMAN 
"SEC. 2008. (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 require-
ment under this Act. 
"(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 ADMIN-
ISTRATIVE MATTERS.—The establishment of the Office of Ombuds-
man shall not affect any procedures for grievances, appeals, or 
administrative matters in any other provision of this Act, any other 
provision of law, or any Federal regulation. 
"(d) TERMINATION.—The Office of the Ombudsman shall cease to 
exist 4 years after the date of enactment of the Hazardous and Solid 
Waste Amendments of 1984.". 
Establishment. 
42 u s e 6917. 
98 STAT. 3226 
PUBLIC LAW 98-616—NOV. 8, 1984 
(b) The table of contents for such Act is amended by inserting the 
following new item after the item relating to section 2007: 
"Sec. 2008. Office of Ombudsman.". 
TITLE II—PROVISIONS RELATING PRIMARILY TO SUBTITLE 
C OF THE SOLID WASTE DISPOSAL ACT 
Subtitle A—Amendments Primarily to Section 3004 
LAND DISPOSAL OF HAZARDOUS WASTE 
SEC. 201. (a) LAND DISPOSAL OF CERTAIN HAZARDOUS WASTES.— 
42 use 6924. 
Section 3004 of the Solid Waste Disposal Act is amended by insert-
ing "(a) IN GENERAL.—" after "3004." and by adding the following at 
the end thereof: 
Prohibitions. 
"(b) SALT DOME FORMATIONS, SALT BED FORMATIONS, UNDER-
GROUND MINES AND CAVES.—(1) Effective on the date of the enact-
ment of the Hazardous and Solid Waste Amendments of 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 op-
portunity for hearings on the record in the affected areas, that 
such placement is protective of human health and the environ-
ment; 
"(B) the Administrator has promulgated performance and 
permitting standards for such facilities under this subtitle, and; 
"(C) a permit has been issued under section 3005(c) for the 
facility concerned. 
"(2) Effective on the date of enactment of the Hazardous and Solid 
Waste Amendments of 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 
3005(c) for the facility concerned. 
"(3) No determination made by the Administrator under subsec-
tion (d), (e), or (g) of this section regarding any hazardous waste to 
which such subsection (d), (e), or (g) applies shall affect the prohibi-
tion 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 the date of 
the enactment of the Hazardous and Solid Waste Amendments of 
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) promul-
gated 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 noncontain-
erized liquid hazardous waste, or free liquids contained in hazardous 
waste, in landfills. 
Regulations. 
"(2) Not later than fifteen months after the date of the enactment 
of the Hazardous and Solid Waste Amendments of 1984, the Admin-
istrator shall promulgate final regulations which— 
Post, pp. 3241, 
3242. 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3227 
"(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 
Prohibition. 
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) promul-
gated 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 the date of the enactment of the 
Hazardous and Solid Waste Amendments of 1984, the placement of 
any liquid which is not a hazardous waste in a landfill for which a 
permit is required under section 3005(c) or which is operating 
Post, pp. 3241, 
pursuant to interim status granted under section 3005(e) is prohib- 
3242. 
ited 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 place-
ment in such landfill is placement in a landfill or unlined 
surface impoundment, whether or not permitted under section 
3005(c) or operating pursuant to interim status under section 
3005(e), 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 
42 USC 201 note. 
Service Act). 
42 USC 300f. 
"(4) No determination made by the Administrator under subsec-
tion (d), (e), or (g) of this section regarding any hazardous waste to 
which such subsection (d), (e), or (g) applies shall affect the prohibi-
tion contained in paragraph (1) of this subsection. 
"(d) PROHIBITIONS ON LAND DISPOSAL OF SPECIFIED WASTES.—(1) 
Effective 32 months after the enactment of the Hazardous and Solid 
Waste Amendments of 1984 (except as provided in subsection (f) 
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 environ-
ment for a hazardous waste referred to in paragraph (2) (other than 
a hazardous waste which has complied with the pretreatment regu-
98 STAT. 3228 
PUBLIC LAW 98-616—NOV. 8, 1984 
lations promulgated under subsection (m)), unless, upon application 
by an interested person, it has been demonstrated to the Adminis-
trator, to a reasonable degree of certainty, that there will be no 
migration of hazardous constituents from the disposal unit or injec-
tion zone for as long as the wastes remain hazardous. 
"(2) Paragraph (1) applies to the following hazardous wastes listed 
42 use 6921. 
or identified under section 3001: 
"(A) Liquid hazardous wastes, including free liquids asso-
ciated with any solid or sludge, containing free cyanides at 
concentrations greater than or equal to 1,000 mg/1. 
"(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 concen-
trations greater than or equal to those specified below: 
"(i) arsenic and/or compounds (as As) 500 mg/1; 
"(ii) cadmium and/or compounds (as Cd) 100 mg/1; 
"(iii) chromium (VI and/or compounds (as Cr VI)) 500 
mg/1; 
"(iv) lead and/or compounds (as Pb) 500 mg/1; 
"(v) mercury and/or compounds (as Hg) 20 mg/1; 
"(vi) nickel and/or compounds (as Ni) 134 mg/1; 
"(vii) selenium and/or compounds (as Se) 100 mg/1; and 
"(viii) thallium and/or compounds (as Th) 130 mg/1. 
"(C) Liquid hazardous waste having a pH less than or equal to 
two (2.0). 
"(D) Liquid hazardous wastes containing polychlorinated bi-
phenyls at concentrations greater than or equal to 50 ppm. 
"(E) Hazardous wastes containing halogenated organic com-
pounds 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 the date of 
the enactment of the Hazardous and Solid Wsiste Amendments of 
1984, this subsection shall not apply to any disposal of contaminated 
soil or debris resulting from a response action taken under section 
104 or 106 of the Comprehensive Environmental Response, Compen-
42 use 9604, 
sation, and Liability Act of 1980 or a corrective action required 
9606. 
under this subtitle. 
Prohibition. 
"(e) SOLVENTS AND DioxiNS.—(1) Effective twenty-four months 
after the date of enactment of the Hazardous and Solid Waste 
Amendments of 1984 (except as provided in subsection (f) 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 re-
ferred to in subparagraph (A) through (C) of subsection (dXD. For 
the purposes of this paragraph, a method of land disposal may not 
be determined to be protective of human health and the environ-
ment for a hazardous waste referred to in paragraph (2) (other than 
a hazardous waste which has complied with the pretreatment regu-
lations promulgated under subsection (m)), unless upon application 
by an interested person it has been demonstrated to the Administra-
tor, to a reasonable degree of certainty, that there will be no 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3229 
migration of hazardous constituents from the disposal unit or injec-
tion zone for as long as the wastes remain hazardous. 
"(2) The hazardous wastes to which the prohibition under para-
graph (1) applies are as follows— 
"(A) dioxin-containing hazardous wastes numbered F()20, 
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 FOOl, F002, F003, 
F004, and F005 in regulations promulgated by the Administra-
tor under section 3001 (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 the date of 
the enactment of the Hazardous and Solid Waste Amendments of 
1984, this subsection shall not apply to any disposal of contaminated 
soil or debris resulting from a response action taken under section 
104 or 106 of the Comprehenisve Environmental Response, Compen-
sation, and Liability Act of 1980 or a corrective action required 
under this subtitle. 
"(f) DISPOSAL INTO DEEP INJECTION WELLS; SPECIFIED SUBSECTION 
(d) WASTES; SOLVENTS AND DIOXINS.—(1) Not later than forty-five 
months after the date of enactment of the Hazardous and Solid 
Waste Amendments of 1984, the Administrator shall complete a 
review of the disposal of all hazardous wastes referred to in para-
graph (2) of subsection (d) and in paragraph (2) of subsection (e) by 
underground injection into deep injection wells. 
"(2) Within forty-five months after the date of the enactment of 
the Hazardous and Solid Waste Amendments of 1984, the Adminis-
trator shall make a determination regarding the disposal by under-
ground injection into deep injection wells of the hazardous wastes 
referred to in paragraph (2) of subsection (d) and the hazardous 
wastes referred to in paragraph (2) of subsection (e). The Adminis-
trator 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). In promulgating such regulations, the Administra-
tor shall consider each hazardous waste referred to in paragraph (2) 
of subsection (d) or in paragraph (2) of subsection (e) 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) or in paragraph (2) of subsection (e) within forty-five 
months after the date of enactment of the Hazardous and Solid 
Waste Amendments of 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 wgiste 
other than a well to which section 7010(a) applies. 
"(g) ADDITIONAL LAND DISPOSAL PROHIBITION DETERMINATIONS.— 
(1) Not later than twenty-four months after the date of enactment of 
the Hazardous and Solid Waste Amendments of 1984, the Adminis-
trator shall submit a schedule to Congress for— 
"(A) reviewing all hazardous wastes listed (as of the date of 
the enactment of the Hazardous and Solid Waste Amendments 
42 u s e 9604, 
9606. 
Regulations. 
Prohibitions. 
Prohibition. 
98 STAT. 3230 
PUBLIC LAW 98-616—NOV. 8, 1984 
42 use 6921. 
of 1984) under section 3001 other than those wastes which are 
referred to in subsection (d) or (e); 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 the date of enactment of the Hazardous and Solid Waste 
Amendments of 1984. Decisions regarding low volume hazardous 
wastes with lower intrinsic hazard shall be made by the date sixty-
six months after such date of enactment. 
44 use 101 note. 
"(3) The preparation and submission of the schedule under this 
subsection shall not be subject to the Paperwork Reduction Act of 
1980. 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 the date of 
enactment of the Hazardous and Solid Waste Amendments of 
1984; 
"(B) for at least two-thirds of all such listed wastes by the date 
fifty-five months after the date of enactment of such Amend-
ments; and 
"(C) for all such listed wastes and for all hazardous wastes 
identified under 3001 by the date sixty-six months after the date 
of enactment of such Amendments. 
In the case of any hazardous waste identified or listed under section 
3001 after the date of enactment of the Hazardous and Solid Waste 
Amendments of 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. 
Regulations. 
"(5) Not later than the date specified in the schedule published 
Prohibitions. 
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 subpara-
graph (A) through (C) of subsection (dXD. 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 re-
spect to a hazardous waste which has complied with the pretreat-
ment regulations promulgated under subsection (m)) 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 the date of enactment of the Hazardous and Solid Waste 
Amendments of 1984) to promulgate regulations or make a determi-
nation under paragraph (5) for any hazardous waste which is 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3231 
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 i
f
— 
"(i) such facility is in compliance with the requirements of 
subsection (o) 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 avail-
ability 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 the 
date of enactment of the Hazardous and Solid Waste Amendments 
of 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 impound-
ment only if— 
"(i) such facility is in compliance with the requirements of 
subsection (o) 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 avail-
ability 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 wsiste re-
ferred to in paragraph (1) within 66 months after the date of 
enactment of the Hazardous and Solid Waste Amendments of 1984, 
such hazardous waste shall be prohibited from land disposal. 
"(h) VARIANCES FROM LAND DISPOSAL PROHIBITIONS.—(1) A prohi-
bition in regulations under subsection (d), (e), (f), or (g) shall be 
effective immediately upon promulgation. 
"(2) The Administrator may establish an effective date different 
from the effective date which would otherwise apply under subsec-
tion (d), (e), (f), or (g) with respect to a specific hazardous waste 
which is subject to a prohibition under subsection (d), (e), (f), or (g) or 
under regulations under subsection (d), (e), (f), or (g). 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). 
"(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), (p, or (g) or under paragraph (2) for up to one year, where the 
applicant demonstrates that there is a binding contractual commit-
98 STAT. 3232 
PUBLIC LAW 98-616—NOV. 8, 1984 
ment 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 require-
ments of subsection (o). 
Federal Regis- 
"(i) PUBLICATION OF DETERMINATION.—If the Administrator deter-
ter, publication, 
mines 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 DIS-
POSAL.—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) DEFINITION OF LAND DISPOSAL.—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. 
"(1) 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 3001 (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 DIS-
POSAL PROHIBITION.—(1) Simultaneously with the promulgation of 
regulations under subsection (d), (e), (f), or (g) 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) and may be disposed 
of in a land disposal facility which meets the requirements of this 
subtitle. Any regulation promulgated under this subsection for a 
particular hazardous waste shall become effective on the same date 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3233 
as any applicable prohibition promulgated under subsection (d), (e), 
(f),or(g). 
"(n) AIR EMISSIONS.—Not later than thirty months after the date 
Regulations. 
of enactment of the Hazardous and Solid Waste Amendments of 
1984, the Administrator shall promulgate such regulations for the 
monitoring and control of air emissions at hazardous waste treat-
ment, storage, and disposal facilities, including but not limited to 
open tanks, surface impoundments, and landfills, as may be neces-
sary to protect human health and the environment.". 
MINIMUM TECHNOLOGICAL REQUIREMENTS 
SEC. 202. (a) Section 3004 of the Solid Waste Disposal Act is Supra. 
amended by inserting the following new subsection after subsection 
42 USC 6924. 
(n): 
"(o) MINIMUM TECHNOLOGICAL REQUIREMENTS.—(1) The 
regula-
tions 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 3005(c) after the 
Post, pp. 3241, 
date of enactment of the Hazardous and Solid Waste Amendments 
3242. 
of 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 impound-
ment 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 
3005(c) is received after the date of enactment of the Hazardous 
and Solid Waste Amendments of 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 sec-
tion 3005(c) after the date of enactment of the Hazardous and 
Solid Waste Amendments of 1984, the attainment of the mini-
mum destruction and removal efficiency required by regula-
tions 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 (l)(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 pre-
vent 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 dXAXi) 
may be waived by the Administrator for any monoflll, if— 
"(A) such monoflll 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 Extrac-
tion Procedure ("EP") toxicity characteristics set forth in regu-
lations under this subtitle, and 
98 STAT. 3234 
PUBLIC LAW 98-616—NOV. 8, 1984 
Post, p. 3243. 
42 use 6921. 
Regulations. 
Alabama. 
42 use 6925. 
Ante, p. 3233. 
42 use 6924. 
"(C) such monofill meets the same requirements as are appli-
cable in the case of a waiver under section 3005(j) (2) or (4). 
"(4)(A) Not later than thirty months after the date of enactment of 
the Hazardous and Solid Waste Amendments of 1984, the Adminis-
trator 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 3001 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 capa-
ble 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 the date of the enactment of the 
Hazardous and Solid Waste Amendments of 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 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 1x10"' centimeter per second. 
"(6) Any permit under section 3005 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 
Act. 
"(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 the enactment of the Hazard-
ous and Solid Waste Amendments of 1984, the Administrator shall 
publish guidance criteria identifying areas of vulnerable hydro-
geology.". 
GROUND WATER MONITORING 
SEC. 203. Section 3004 of the Solid Waste Disposal Act is amended 
by adding the following new subsection after subsection (o) thereof: 
"(p) GROUND WATER MONITORING.—The standards under this sec-
tion concerning ground water monitoring which are applicable to 
surface impoundments, waste piles, land treatment units, and land-
fills shall apply to such a facility whether or not— 
"(1) the facility is located above the seasonal high water table; 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3235 
"(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 the 
date of enactment of the Hazardous and Solid Waste Amendments 
of 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)) 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.". 
BURNING AND BLENDING OF HAZARDOUS WASTES 
SEC. 204. (aXD Section 3010 of the Solid Waste Disposal Act is 
42 use 6930. 
amended by inserting the following after the first sentence thereof: 
Petroleum and 
"Not later than fifteen months after the date of enactment of the 
J^Jf 
^^'''" ^''°^' 
Hazardous and Solid Weiste Amendments of 1984— 
"(1) the owner or operator of any facility which produces a 
fuel (A) from any hazardous waste identified or listed under 
section 3001, (B) from such hazardous waste identified or listed 
42 USC 6921. 
under section 3001 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 3001; and 
"(3) any person who distributes or markets any fuel which is 
produced as provided in paragraph (1) or any fuel which other-
wise contains used oil or any hazardous waste identified or 
listed under section 3001 
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 in-
volved 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 sentence, the term 
'hazardous waste listed under section 3001' also includes any com-
mercial chemical product which is listed under section 3001 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 residen-
98 STAT. 3236 
PUBLIC LAW 98-616—NOV. 8, 1984 
42 use 6921. 
Post, p. 3258. 
42 use 6930. 
Ante, p. 3234. 
42 use 6924. 
Regulations. 
Petroleum and 
petroleum prod-
ucts. 
tial boilers) where the Administrator determines that such notifica-
tion 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 
3001(bX3). Nothing in this subsection shall affect regulatory determi-
nations under section 3014.". 
(2) Section 3010 of such Act is amended by striking out "the 
preceding sentence" each place it occurs and substituting "the 
preceding provisions". 
(b)(1) Section 3004 of the Solid Waste Disposal Act is amended by 
adding the following new subsections after subsection (p): 
"(q) HAZARDOUS WASTE USED AS FUEL.—(1) Not later than two 
years after the date of the enactment of the Hazardous and Solid 
Waste Amendments of 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 3001, or 
"(ii) from any hazardous waste identified or listed under 
section 3001 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 3001; and 
"(C) standards applicable to any person who distributes or 
markets any fuel which is produced as provided in subpara-
graph (A) or any fuel which otherwise contains any hazardous 
waste identified or listed under section 3001 
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) as may be appropriate. 
Nothing in this subsection shall be construed to affect or impair the 
provisions of section 3001(b)(3). For purposes of this subsection, the 
term 'hazardous waste listed under section 3001' includes any com-
mercial chemical product which is listed under section 3001 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), and subsection (s) shall not 
apply to petroleum refinery wastes containing oil which are con-
verted 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 3001. 
"(B) The Administrator may exempt from the requirements of this 
subsection, subsection (r), or subsection (s) 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 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3237 
designed and operated at a destruction and removal efficiency suffi-
cient such that protection of human health and environment is 
assured. 
"(CXi) After the date of the enactment of the Hazardous and Solid 
Waste Amendments of 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 munici-
pality 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 the date of the enactment of the 
Hazardous and Solid Waste Amendments of 1984) under this sub-
title which are applicable to incinerators. 
"(ii) Any person who knowingly violates the prohibition contained 
in clause (i) shall be deemed to have violated section 3008(d)(2). 
"(r) LABEUNG.—(1) Notwithstanding any other provision of law, 
until such time as the Administrator promulgates standards under 
subsection (q) 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 3010 to distribute or 
market any fuel which is produced from any hazardous waste 
identified or listed under section 3001, or any fuel which otherwise 
contains any hazardous waste identified or listed under section 3001 
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 the enactment of the Hazardous and 
Solid Waste Amendments of 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 sub-
section shall not apply to fuels produced from petroleum refining 
waste containing oil i
f
— 
"(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 pertroleum-derived fuel products 
at a facility at which crude oil is refined into petroleum prod 
ucts 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 sub-
section shall not apply to fuels produced from oily materials, result-
ing from normal petroleum refining, production and transportation 
practices, if (A) contaminants are removed; and (B) such oily materi-
als 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 
Classification Manual. 
Prohibition. 
Post, p. 3256. 
Ante, p. 3235. 
42 u s e 6921. 
Petroleum and 
petroleum prod-
ucts. 
Petroleum and 
petroleum prod-
ucts. 
31 194 
0 - 8 6 
28 
QL.3 
P a r t s 
98 STAT. 3238 
PUBLIC LAW 98-616—NOV. 8, 1984 
"(s) RECORDKEEPING.—Not later than fifteen months after the date 
of enactment of the Hazardous and Solid Waste Amendments of 
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 3010(a) shall maintain such 
records regarding fuel blending, distribution, or use as may be 
necessary to protect human health and the environment.". 
42 use 6923. 
(2) Section 3003 of the Solid Waste Disposal Act is amended by 
adding the following new subsection after subsection (b): 
"(c) FUEL FROM HAZARDOUS WASTE.—Not later than two years 
after the date of enactment of the Hazardous and Solid Waste 
Amendments of 1984, and after opportunity for public hearing, the 
Administrator shall promulgate regulations establishing standards, 
applicable to transporters of fuel produced (1) from any hazardous 
42 use 6921. 
waste identified or listed under section 3001, or (2) from any hazard-
ous waste identified or listed under section 3001 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) as may be 
appropriate.'. 
DIRECT ACTION 
Supra. 
SEC. 205. Section 3004 of the Solid Waste Disposal Act is amended 
42 use 6924. 
by adding the following new subsection after subsection (s) thereof: 
"(t) FINANCIAL RESPONSIBIUTY PROVISIONS.—(1) Financial respon-
sibility 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, guaran-
tee, 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 Act. 
eiaims. 
"(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 Act. 
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 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3239 
subsection shall be construed to diminish the liability of any person 
under section 107 or 111 of the Comprehensive Environmental 
Response, Compensation and Liability Act of 1980 or other 
42 use 9607, 
applicable law. 
9611. 
"(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.". 
CONTINUING RELEASES AT PERMITTED FACIUTIES 
SEC. 206. Section 3004 of the Solid Waste Disposal Act is amended 
Ante, p. 3238. 
by adding the following new subsection after subsection (t) thereof: 
42 USC 6924. 
"(u) CONTINUING RELEASES AT PERMITTED FACIUTIES.—Standards 
promulgated under this section shall require, and a permit issued 
after the date of enactment of the Hazardous and Solid Waste 
Amendments of 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 subtitle, regardless of 
the time at which waste was placed in such unit. Permits issued 
under section 3005 shall contain schedules of compliance for such 
Post, pp. 3241, 
corrective action (where such corrective action cannot be completed 
^^42. 
prior to issuance of the permit) and assurances of financial responsi-
bility for completing such corrective action.". 
CORRECTIVE ACTION BEYOND FACIUTY BOUNDARIES; UNDERGROUND 
TANKS 
SEC. 207. Section 3004 is amended by adding the following after 
Supra. 
subsection (u): 
"(v) 
CORRECTIVE 
ACTIONS 
BEYOND 
FACILITY 
BOUNDARY.—As 
promptly as practicable after the date of the enactment of the 
Hazardous and Solid Waste Amendments of 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 3001 to require 
42 USC 6921. 
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 opera-
tor'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 3010(b), and shall apply to— 
Post, p. 3258. 
"(1) all facilities operating under permits issued under subsec-
tion (c), 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 
98 STAT. 3240 
PUBLIC LAW 98-616—NOV. 8, 1984 
this section for underground tanks that cannot be entered for 
inspection. Within forty-eight months after the date of the enact-
ment of the Hsizardous and SoHd Waste Amendments of 1984, such 
standards shall be modified, if necessary, to cover at a minimum all 
requirements and standards described in section 9003.". 
FINANCIAL RESPONSIBILITY FOR CORRECTIVE ACTION 
Ante, p. 3226. 
SEC. 208. Section 3004(a) of the Solid Waste Disposal Act (as 
redesignated by section 201 of this Act) is amended by inserting 
"(including financial responsibility for corrective action)" immedi-
ately after "and financial responsibility" in paragraph (6). 
MINING WASTE AND OTHER SPECIAL WASTES 
Ante, p. 3239. 
SEC. 209. Section 3004 of the Solid Waste Disposal Act is amended 
42 use 6924. 
by adding the following new subsection after subsection (w): 
"(x) If (1) solid waste from the extraction, beneficiation or process-
ing 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 subtitle, the Adminis-
trator is authorized to modify the requirements of subsections (c). 
Post, p. 3243. 
(d), (e), (f), (g), (o), and (u) and section 3005(j), 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.', 
Subtitle B—Amendments Primarily to Section 3005 
AUTHORITY FOR PERMIT TO CONSTRUCT HAZARDOUS WASTE TREATMENT, 
STORAGE, OR DISPOSAL FACIUTIES 
42 use 6925. 
SEC. 211. Section 3005(a) of the Solid Waste Disposal Act is 
amended by— 
(1) striking "a" immediately after "owning or operating" in 
the first sentence and inserting in lieu thereof "an existing 
facility or planning to construct a new"; 
(2) inserting in the second sentence "and the construction of 
any new facility for the treatment, storage, or disposal of any 
such hazardous waste" immediately after "any such hazardous 
waste"; and 
(3) adding the following at the end thereof: "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 6(e) of the Toxic Substances 
15 use 2605. 
Control Act for the incineration of polycholorinated 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 author-
izing such facility to incinerate hazardous waste identified or 
listed under this subtitle.". 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3241 
PERMIT UFE 
SEC. 212. Section 3005(c) of the Solid Waste Disposal Act is 
Post, p. 3242. 
amended by adding the following new paragraph after paragraph 
(2): 
"(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 3004. Nothing in this 
42 USC 6924. 
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.". 
INTERIM STATUS 
SEC. 213. (a) Section 3005(e) of the Solid Waste Disposal Act is 
42 use 6925. 
amended by— 
(1) inserting "(1)" after "Interim Status.—", 
(2) redesignating existing paragraphs (1) through (3) as sub-
paragraphs (A) through (C), 
(3) adding the following at the end thereof: 
"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 the date of 
enactment of the Hazardous and Solid Waste Amendments of 1984, 
interim status shall terminate on the date twelve months after the 
date of the enactment of such Amendments unless the owner or 
operator of such facility— 
"(A) applies for a final determination regarding the issuance 
of a permit under subsection (c) for such facility before the date 
twelve months after the date of the enactment of such Amend-
ments; 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 
Act 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) for such facility before the date 
98 STAT. 3242 
PUBLIC LAW 98-616—NOV. 8, 1984 
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."; and 
(4) amending subparagraph (A) (as redesignated by paragraph 
(1) of this subsection) to read as follows: 
"(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 Act that render the facility 
subject to the requirement to have a permit under this 
section,". 
42 use 6929. 
(b) Section 3009 of the Solid Waste Disposal Act is amended by 
adding the following at the end thereof: "Nothing in this title (or in 
any regulation adopted under this title) 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." 
42 use 6925. 
(c) Section 3005(c) of the Solid Waste Disposal Act is amended by 
inserting "(1)" after "PERMIT ISSUANCE.—" and by adding the follow-
ing new paragraph at the end thereof: 
"(2)(A)(i) Not later than the date four years after the enactment of 
the Hazardous and Solid Waste Amendments of 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 Adminis-
trator 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 the enactment of the 
Hazardous and Solid Waste Amendments of 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 the enactment of the 
Hazardous and Solid Waste Amendments of 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 pursu-
ant 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 
42 use 6927. 
hazardous waste program under section 3006. Interim status under 
subsection (e) shall terminate for each facility referred to in sub-
paragraph (A)(ii) or (B) on the expiration of the five- or eight-year 
period referred to in subparagraph (A) or (B), whichever is applica-
ble, 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 the date of the enactment of the Hazard-
ous and Solid Waste Amendments of 1984 (in the case of a 
facility referred to in subparagraph (A)(ii)), or 
"(ii) four years after such date of enactment (in the case of a 
facility referred to in subparagraph (B)).". 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3243 
NEW AND INNOVATIVE TREATMENT TECHNOLOGIES 
SEC. 214. (a) Section 3005 of the Solid Waste Disposal Act is 
42 use 6925. 
amended by adding the following new subsection after subsection (f): 
"(g) RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITS.—(1) 
The Administrator may issue a research, development, and demon-
stration 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 sub-
title. 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 hsizardous waste which the 
Administrator deems necessary for purposes of determining the 
efficacy and performance capabilities of the technology or proc-
ess and the effects of such technology or process on human 
health and the environment, and 
"(C) shall include such requirements £is the Administrator 
deems necessary to protect human health and the environment 
(including, but not limited to, requirements regarding monitor-
ing, operation, insurance or bonding, financial reponsibility, 
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 oper-
ation of the facility. 
The Administrator may apply the criteria set forth in this para-
graph 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 7004(b)(2) regarding public participation. 
42 USC 6974. 
"(3) The Administrator may order an immediate termination of 
all operations at the facility at any time he determines that termi-
nation 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.". 
EXISTING SURFACE IMPOUNDMENTS 
SEC. 215. Section 3005 of the Solid Waste Disposal Act is amended 
Post, p. 3261. 
by adding the following new subsection after subsection (i): 
"(j) INTERIM STATUS SURFACE IMPOUNDMENTS.—(1) Except as pro-
vided in paragraph (2), (3), or (4), each surface impoundment in 
existence on the date of enactment of the Hazardous and Solid 
Waste Amendments of 1984 and qualifying for the authorization to 
operate under subsection (e) of this section shall not receive, store. 
98 STAT. 3244 
PUBLIC LAW 98-616—NOV. 8, 1984 
or treat hazardous waste after the date four years after such date of 
enactment unless such surface impoundment is in compliance with 
Ante, p. 3233. 
the requirements of section 3004(oXlXA) 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 treat-
ment facility subject to a permit issued under section 402 of the 
33 use 1342. 
Clean Water Act (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 fa-
cilities with permits under subsection (c) of this section; and (CXi) is 
part of a facility in compligmce with section 301(bX2) of the Clean 
33 use 1311. 
Water Act, or (ii) in the case of a facility for which no effluent 
33 use 1314. 
guidelines required under section 304(bX2) of the Clean Water Act 
are in effect and no permit under section 402(aXl) of such Act 
implementing section 301(bX2) of such Act has been issued, is part of 
a facility in compliance with a permit under section 402 of such Act, 
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 constitu-
ents 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 
into ground water or surface water at any future time. The Adminis-
trator or the State shall take into account locational criteria estab-
Ante, p. 3233. 
lished under section 3004(oX7). 
"(5) The owner or operator of any surface impoundment poten-
tially 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 C£ise of a State with 
an authorized program) not later than twenty-four months after the 
date of enactment of the Hazardous and Solid Waste Amendments 
of 1984 for a determination of the applicability of pareigraph (1) (in 
the case of paragraph (2) or (3)) or for a modification of the require-
ments 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, includ-
ing: 
"(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; 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3245 
"(B) evidence as to compliance with all applicable ground 
water monitoring requirements and the information and analy-
sis 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 aca-
demic training and experience in ground water hydrology 
that— 
"(i) under paragraph (2), the liner of such surface im-
poundment is designed, constructed, and operated in ac-
cordance with applicable requirements, such surface im-
poundment is more than one-quarter mile from an under-
ground 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 pro-
vided by this paragraph or paragraph (6), such surface impound-
ment 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 such date of 
enactment, and after notice and opportunity to comment, the Ad-
ministrator (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. 
"(6XA) In any case in which a surface impoundment becomes 
subject to paragraph (1) after the date of enactment of the Hazard-
ous and Solid Waste Amendments of 1984 due to the promulgation 
of additional listings or characteristics for the identification of 
hazardous waste under section 3001, the period for compliance in 
42 USC 6921. 
paragraph (1) shall be four years after the date of such promulga-
tion, 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 compli-
ance 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. 
"(7XA) The Administrator shall study and report to the Cong:ress Study. 
on the number, range of size, construction, likelihood of hazardous Report. 
constituents migrating into ground water, and potential threat to 
human health and the environment of existing surface impound-
ments excluded by paragraph (3) from the requirements of para-
98 STAT. 3246 
PUBLIC LAW 98-616—NOV. 8, 1984 
graph (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 
Ante, p. 3233. 
and the environment, including the requirements of section 3004(o) 
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 3004(o) 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 pursu-
ant 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 im-
poundment 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 decontamin-
ated, 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 3004(o) shall not be considered by the 
Administrator (or the State, in the case of a State with an author-
33 use 1342. 
ized program under section 402 of the Clean Water Act)— 
"(A) in establishing effluent limitations and standards under 
33 use 1311, 
section 301, 304, 306, 307, or 402 of the Clean Water Act based 
1314,1316,1317. 
on effluent limitations guidelines and standards promulgated 
any time before twelve months after the date of enactment of 
the Hazardous and Solid Waste Amendments of 1984; or 
"(B) in establishing any other effluent limitations to carry out 
the provisions of section 301, 307, or 402 of the Clean Water Act 
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 subsec-
Ante, p. 3226. 
tion (d), (e), or (g) of section 3004 (or under regulations promulgated 
by the Administrator under such subsections) to be placed in a 
surface impoundment (which is operating pursuant to interim 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3247 
status) for storage or treatment, such impoundment shall meet the 
requirements that are applicable to new surface impoundments 
under section 3004(oXl), unless such impoundment meets the re- 
Ante, p. 3233. 
quirements 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 3004 (or under regulations promulgated by the Adminis- 
Ante, p. 3226. 
trator under such subsection) the placement or maintenance of such 
hazardous waste in a surface impoundment for treatment is prohib-
ited 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. 
"(12XA) 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 impound-
ments 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 condi-
tions, 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 the date of enactment of the Hazardous and Solid 
Waste Amendments of 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 drinking water' has the same meaning as provided in 
regulations under the Safe Drinking Water Act (title XIV of the 
42 USC 201 note. 
Public Health Service Act). 
42 use 300f. 
"(13) The Administrator may modify the requirements of para-
graph (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 environ-
ment which is at a minimum equivalent to that provided by 
paragraph (1).". 
98 STAT. 3248 
PUBLIC LAW 98-616—NOV. 8, 1984 
Subtitle C—Amendments Primarily to Other Sections in Subtitle C 
SMALL QUANTITY GENERATOR WASTE 
42 use 6921. 
SEC. 221. (a) Section 3001 of the Solid Waste Disposal Act is 
amended by adding the following new subsection after subsection (c): 
"(d) SMALL QUANTITY GENERATOR WASTE.—(1) By March 31, 1986, 
the Administrator shall promulgate standards under sections 3002, 
42 use 
3003, and 3004 for hazardous waste generated by a generator in a 
6922-6924. 
total quantity of hazardous waste greater than one hundred kilo-
grams but less than one thousand kilograms during a calendar 
month. 
"(2) The standards referred to in paragraph (1), including stand-
ards applicable to the legitimate use, reuse, recycling, and reclama-
tion 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 the 
enactment of the Hazardous and Solid Waste Amendments of 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 descrip-
tion of the waste, including the proper shipping name, hazard 
class, and identification number (UN/NA), if applicable; 
"((J) 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 subtitle to pro-
tect human health and the environment may require the promulga-
tion of standards under this subtitle 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 promul-
gated under paragraph (1), any hazardous waste identified or listed 
under section 3001 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 
42 use 6925. 
facility with a permit under section 3005, shall be disposed of only in 
a facility which is permitted, licensed, or registered by a State to 
manage municipal or industrial solid waste. 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3249 
"(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 
subtitle, 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 the Hazardous Materials Transpiorta-
tion Act. 
"(B) Nothing in this subsection shall be construed to affect, 
modify, or render invalid any requirements in regulations promul-
gated prior to January 1, 1983 applicable to any acutely hazardous 
waste identified or listed under section 3001 which is generated by 
42 USC 6921. 
any generator during any calendar month in a total quantitjr less 
than one thousand kilograms. 
"(8) Effective March 31, 1986, unless the Administrator promul-
gates 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 paragrraph 
(1) of this subsection have become effective: 
"(A) the notice requirements of paragraph (3) of this subsec-
tion 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 subtitle; 
"(C) generators of such waste shall file manifest exception 
Reports. 
reports as required of generators producing greater amounts of 
hazardous waste per month except that such reports sh£ill 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 3010(b) shall not apply to regula- 
Post, p. 3258. 
tions promulgated under this subsection.". 
(b) The Administrator of the Environmental Protection Agency 
42 USC 6921 
shall undertake activities to inform and educate the waste genera- 
note. 
tors of their responsibilities under the amendments made b)^ this 
section during the period within thirty months after the enactment 
98 STAT. 3250 
PUBLIC LAW 98-616—NOV. 8, 1984 
Study. 
42 use 6921. 
Study. 
42 use 6921 
note. 
Report. 
42 use 6921 
note. 
study. 
42 use 6921 
note. 
of the Hazardous and Solid Waste Amendments of 1984 to help 
assure compliance. 
(c) The Administrator of the Environmental Protection Agency in 
cooperation with the States shall conduct a study of hazardous waste 
identified or listed under section 3001 of the Solid Waste Disposal 
Act which is generated by individual generators in total quantities 
for each generator during any calendar month of less than one 
thousand kilograms. The Administrator may require from such 
generators information as may be necessary to conduct the study. 
Such study shall include a characterization of the number and type 
of such generators, the quantity and characteristics of hazardous 
waste generated by such generators. State requirements applicable 
to such generators, the individual and industry waste management 
practices of such generators, the potential costs of modifying those 
practices and the impact of such modifications on national treat-
ment and disposal facility capacity, and the threat to human health 
and the environment and the employees of transporters or others 
involved in solid waste management posed by such hazardous wastes 
or such management practices. Such study shall be submitted to the 
Congress not later than April 1,1985. 
(d) The Administrator of the Environmental Protection Agency 
shall cause to be studied the existing manifest system for hazardous 
wastes as it applies to small quantity generators and recommend 
whether the current system shall be retained or whether a new 
system should be introduced. The study shall 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. Finally, any new proposal shall in-
clude a list of those standards that are necessary to protect human 
health and the environment. Such study shall be submitted to the 
Congress not later than April 1,1987. 
(e) The Administrator of the Environmental Protection Agency, in 
conjunction with the Secretary of Transportation, shall prepare and 
submit to the Congress a report on the feasibility of easing the 
administrative burden on small quantity generators, increasing 
compliance with statutory and regulatory requirements, and simpli-
fying enforcement efforts through a program of licensing hazardous 
waste transporters to assume the responsibilities of small quantity 
generators relating to the preparation of manifests and associated 
recordkeeping and reporting requirements. The report shall exam-
ine the appropriate licensing requirements under such a program 
including the need for financial assurances by licensed transporters 
and shall make recommendations on provisions and requirements 
for such a program including the appropriate division of responsibil-
ities between the Department of Transportation and the Environ-
mental Protection Administration. Such report shall be submitted to 
the Congress not later than April 1,1987. 
(fKD The Administrator of the Environmental Protection Agency 
shall, in consultation with the Secretary of Education, the States, 
and appropriate educational associations, conduct a comprehensive 
study of problems associated with the accumulation, storage and 
disposal of hazardous wastes from educational institutions. The 
study shall include an investigation of the feasibility and availabil-
ity of environmentally sound methods for the treatment, storage or 
disposal of hazardous waste from such institutions, taking into 
account the tjrpes and quantities of such waste which are generated 
by these institutions, and the nonprofit nature of these institutions. 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3251 
(2) The Administrator shall submit a report to the Congress 
Report. 
containing the findings of the study carried out under paragraph (1) 
not later than April 1,1987. 
(3) For purposes of this subsection— 
(A) the term "hazardous waste" means hazardous waste 
which is listed or identified under Section 3001 of the Solid 
Waste Disposal Act; 
42 use 6921. 
(B) the term "educational institution" includes, but shall not 
be limited to, 
(i) secondary schools as defined in section 198(a)(7) of the 
Elementary and Secondary Education Act of 1965; and 
20USC2854. 
(ii) institutions of higher education as defined in section 
1201(a) of the Higher Education Act of 1965. 
20 use 1141. 
USTING AND DELISTING OF HAZARDOUS WASTE 
SEC. 222. (a) Section 3001 of the Solid Waste Disposal Act is 
amended by inserting the following new subsections at the end 
thereof: 
"(e) SPECIFIED WASTES.—(1) Not later than 6 months after the date 
of enactment of the Hazardous and Solid Waste Amendments of 
1984, the Administrator shall, where appropriate, list under subsec-
tion (b)(1), additional wastes containing chlorinated dioxins or chlor-
inated-dibenzofurans. Not later than one year after the date of 
enactment of the Hazardous and Solid Waste Amendments of 1984, 
the Administrator shall, where appropriate, list under subsection 
(b)(1) wastes containing remaining halogenated dioxins and haloge-
nated-dibenzofurans. 
"(2) Not later than fifteen months after the date of enactment of 
the Hazardous and Solid Waste Amendments of 1984, the Adminis-
trator shall make a determination of whether or not to list under 
subsection 0>)(1) the following wastes: Chlorinated Aliphatics, 
Dioxin, Dimethyl Hydrazine, TDI (toluene diisocyanate). Carba-
mates, Bromacil, Linuron, Organo-bromines, solvents, refining 
wastes, chlorinated aromatics, dyes and pigments, inorganic chemi-
cal industry wastes, lithium batteries, coke byproducts, paint pro-
duction wastes, and coal slurry pipeline effluent. 
"(f) DEUSTING 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 the 
enactment of the Hazardous and Solid Waste Amendments of 1984 
without the opportunity for public comment and the full consider-
ation of such comments shall not continue for more than twenty-
Ante, p. 3248. 
Public 
information. 
Federal 
Register, 
publication. 
98 STAT. 3252 
PUBLIC LAW 98-616—NOV. 8, 1984 
four months after the date of enactment of the Hazardous and Sohd 
Waste Amendments of 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 the 
date of enactment of the Hazardous and Solid Waste Amendments 
of 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. 
Regulations. 
"(h) ADDITIONAL CHARACTERISTICS.—Not later than two years after 
the date of enactment of the Hazardous and Solid Waste Amend-
ments of 1984, the Administrator shall promulgate regulations 
under this section identifying additional characteristics of hazard-
ous waste, including measures or indicators of toxicity.". 
42 use 6921. 
(b) Section 3001(b)(1) of the Solid Waste Disposal Act is amended 
by adding the following at the end thereof: "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 subtitle solely because of the presence in such wastes of 
certain constituents (such as identified carcinogens, mutagens, or 
teratagens) at levels in excess of levels which endanger human 
health.". 
CLARIFICATION OF HOUSEHOLD WASTE EXCLUSION 
Supra. 
SEC. 223. (a) Section 3001 of the Solid Waste Disposal Act is 
42 use 6921. 
amended by adding the following new subsection at the end thereof: 
"(i) CLARIFICATION OF HOUSEHOLD WASTE EXCLUSION.—A resource 
recovery facility recovering energy from the mass burning of munic-
ipal solid waste shall not be deemed to be treating, storing, disposing 
of, or otherwise managing hazardous wastes for the purposes of 
regulation under this subtitle, if— 
"(1) such facility— 
"(A) receives and burns only— 
"(i) household waste (from single and multiple dwell-
ings, hotels, motels, and other residential sources), and 
"(ii) solid waste from commercial or industrial 
sources that does not contain hazardous waste identi-
fied 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.". 
WASTE MINIMIZATION 
42 use 6922. 
SEC. 224. (a) Section 3002 of the Solid Waste Disposal Act is 
amended by— 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3253 
(1) inserting "(a) IN GENERAL.—" after "3002."; 
(2) adding the following new subsection at the end thereof: 
"(b) WASTE MINIMIZATION.—Effective September 1, 1985, the 
manifest required by subsection (a)(5) shall contain a certification by 
the generator that— 
"(1) the generator of the hazardous waste has a prograra in 
place to reduce the volume or quantity and toxicity of such 
waste to the degree determined by the generator to be economi-
cally 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."; and 
(2) amending subsection (a)(6) to read as follows: 
"(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 subtitle) at least once every two years, 
setting out— 
"(A) the quantities and nature of hazardous waste identi-
fied or listed under this subtitle 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 enactment of the Hazardous and Solid 
Waste Amendments of 1984.". 
(b) Section 3005 of the Solid Waste Disposal Act is amended by 
adding the following new subsection after subsection (g): 
"(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 economi-
cally 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.". 
(c) Section 8002 of the Solid Waste Disposal Act is amended by 
adding the following new subsection after subsection (g): 
"(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 Act 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 
Reports. 
Ante, p. 3243. 
42 use 6982. 
Report. 
98 STAT. 3254 
PUBLIC LAW 98-616—NOV. 8, 1984 
include any recommendations for legislative changes which the 
Administrator determines are feasible and desirable to implement 
42 use 6902. 
the national policy established by section 1003.". 
BASIS OF AUTHORIZATION 
42 use 6926. 
SEC. 225. Section 3006(b) of the Solid Waste Disposal Act is 
amended by adding the following at the end thereof: "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.". 
AVAILABIUTY OF INFORMATION 
42 use 6926. 
SEC. 226. (a) Section 3006 of the Solid Waste Disposal Act is 
amended by adding the following new subsection after subsection (e) 
thereof: 
"(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 infor-
mation 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 substan-
tially the same manner, and to the same degree, as would be the 
case if the Administrator was carrying out the provisions of this 
subtitle in such State.". 
42 use 6926 
(b) The amendment made by subsection (a) shall apply with 
note. 
respect to State programs authorized under section 3006 before, on, 
or after the date of enactment of the Hazardous and Solid Waste 
Amendments of 1984. 
INTERIM AUTHORIZATION OF STATE PROGRAMS 
42 use 6926. 
SEC. 227. Section 3006(c) of the Solid Waste Disposal Act is amend-
ed by— 
(1) striking out "twenty-four month period beginning on the 
date six months after the date of promulgation of regulations 
under sections 3002 through 3005" and inserting in lieu thereof 
"period ending no later than January 31,1986"; 
(2) inserting "(1)" after "Interim Authorization.—"; and 
(3) by inserting the following at the end thereof: 
Regulation. 
"(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 Heizardous 
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) or under this subsection, until 
such program is amended to reflect the amendments made by the 
H£izardous and Solid Waste Amendments of 1984 and such program 
amendments receive interim or final authorization, the Administra-
tor shall have the authority in such State to issue or deny permits or 
those portions of permits affected by the requirements and prohibi-
tions established by the Heizardous and Solid Waste Amendments of 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3255 
1984. The Administrator shall coordinate with States the procedures 
for issuing such permits.". 
APPUCATION OF AMENDMENTS TO AUTHORIZED STATES 
SEC. 228. Section 3006 of the Solid Waste Disposal Act is amended 
by adding the following new subsection after subsection (f): 
"(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 subtitle 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 the date of the enactment of the 
Hazardous and Solid Waste Amendments of 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 subtitle. The 
Administrator shall, if the evidence submitted shows the State 
requirement to be substantially equivalent to the requirement re-
ferred 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.". 
Ante, p. 3254. 
FEDERAL FACIUTIES 
SEC. 229. Section 3007 of the Solid Waste Disposal Act is amended 
by adding the following new subsection after subsection (b) thereof: 
"(c) FEDERAL FACIUTY INSPECTIONS.—Beginning twelve months 
after the date of enactment of the Hazardous and Solid Waste 
Amendments of 1984, the Administrator shall, or in the case of a 
State with an authorized hazardous waste program the State may, 
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 Federal agency to enforce its compliance 
with this subtitle and the regulations promulgated thereunder. The 
records of such inspections shall be available to the public as 
provided in subsection (b).". 
Public 
availability. 
42 use 6927. 
STATE-OPERATED FACILITIES 
SEC. 230. Section 3007 of the Solid Waste Disposal Act is amended 
by adding the following new subsection after subsection (c): 
"(d) STATE-OPERATED FACILITIES.—The Administrator shall annu-
ally undertake a thorough inspection of every facility for the treat-
ment, storage, or disposal of hazardous waste which is operated by a 
State or local government for which a permit is required under 
section 3005 of this title. The records of such inspection shall be 
available to the public as provided in subsection (b).". 
Supra. 
42 use 6927. 
Public 
availability. 
42 use 6925. 
98 STAT. 3256 
PUBLIC LAW 98-616—NOV. 8, 1984 
Ante, p. 3255. 
42 u s e 6925. 
Regulations. 
Report. 
MANDATORY INSPECTIONS 
SEC. 231. Section 3007 of the Solid Waste Disposal Act is amended 
by inserting the following new subsection after subsection (d) 
thereof: 
"(e) MANDATORY INSPECTIONS.—(1) The Administrator (or the 
State in the case of a State having an authorized hazardous waste 
program under this subtitle) shall commence a program to thor-
oughly inspect every facility for the treatment, storage, or disposal 
of hazardous waste for which a permit is required under section 
3005 no less often than every two years as to its compliance with 
this subtitle (and the regulations promulgated under this subtitle). 
Such inspections shall commence not later than twelve months after 
the date of enactment of the Hazardous and Solid Waste Amend-
ments of 1984. The Administrator shall, after notice and opportunity 
for public comment, promulgate regulations governing the mini-
mum 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 cleisses and categories 
of facilities commensurate with the risks posed by each class or 
category. 
"(2) Not later than six months after the date of enactment of the 
Hazardous and Solid Waste Amendments of 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 con-
ducted by officers, employees, or representatives of the Environmen-
tal 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.". 
FEDERAL ENFORCEMENT 
42 use 6928. 
SEC. 232. (a) Section 3008(d) of the Solid Waste Disposal Act is 
amended as follows: 
(1) in paragraph (1)— 
(A) insert after "knowingly transports" the following: "or 
causes to be transported", and 
(B) strike out "section 3005 (or 3006 in case of a State 
program)" and substitute "this subtitle"; 
(2) in paragraph (2)— 
(A) strike out "either"; 
(B) strike out "section 3005 (or 3006 in the case of a State 
program)" and substitute "this subtitle"; and 
(C) strike out subparagraph (B) and substitute: 
"(B) in knowing violation of any material condition or 
requirement of such permit; or 
"(C) in knowing violation of any material condition or require-
ment of any applicable interim status regulations or stand-
ards;"; and 
(3) strike out all after paragraph (2) and substitute: 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3257 
"(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, main-
tained, 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 subtitle; 
"(4) knowingly generates, stores, treats, transports, disposes 
of, exports, or otherwise handles any hazardous waste (whether 
such activity took place before or takes place after the date of 
the enactment of this paragraph) 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 subtitle; 
"(5) knowingly transports without a manifest, or causes to be 
transported without a manifest, any hazardous waste required 
by regulations promulgated under this subtitle (or by a State in 
the case of a State program authorized under this subtitle) to be 
accompanied by a manifest; 
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.". 
Ot)) Section 3008(e) of the Solid Waste Disposal Act is amended to 
read as follows: 
"(e) KNOWING ENDANGERMENT.—Any person who knowingly 
transports, treats, stores, disposes of, or exports any hazardous 
waste identified or listed under this subtitle in violation of para-
graph (1), (2), (3), (4), (5), or (6) of subsection (d) of this section who 
knows at that time that he thereby places another person in immi-
nent 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 organi-
zation shall, upon conviction of violating this subsection, be subject 
to a fine of not more than $1,000,000.". 
(c) Section 3008(d)(2)(A) of the Solid Waste Disposal Act is 
amended by striking out "having obtained". 
Penalties. 
42 u s e 6928. 
Penalites. 
INTERIM STATUS CORRECTIVE ACTION ORDERS 
SEC. 233. (a) Section 3008 of the Solid Waste Disposal Act is 
42 use 6928. 
amended by adding the following new subsection after subsection (g) 
thereof: 
"(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 environ-
ment from a facility authorized to operate under section 3005(e) of 
this subtitle, the Administrator may issue an order requiring correc- 
Ante, p. 3241. 
tive action or such other response measure as he deems necessary to 
protect human health or the environment or the Administrator miay 
commence a civil action in the United States district court in the 
district in which the facility is located for appropriate relief, includ-
ing a temporary or permanent injunction. 
98 STAT. 3258 
PUBLIC LAW 98-616—NOV. 8, 1984 
"(2) Any order issued under this subsection may include a suspen-
sion or revocation of authorization to operate under section 3005(e) 
of this subtitle, 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.". 
42 use 6928. 
(b) Subsection (b) of section 3008 of the Solid Waste Disposal Act is 
amended by inserting "issued under this section" immediately after 
"Any order". 
EFFECTIVE DATE OF REGULATIONS 
42 use 6930. 
SEC. 234. Section 3010(b) of the Solid Waste Disposal Act is 
amended by adding the following at the end 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 regula-
tion.". 
SUBTITLE D—NEW SECTIONS IN SUBTITLE C 
MANAGEMENT OF USED OIL 
Petroleum and 
SEC. 241. (a) Section 3014 of the Solid Waste Disposal Act (relating 
^^*d°^T"^ 
to restrictions on recycled oil) as redesignated by section 502 of this 
pro uc s- 
Act (relating to technical and clerical amendments) is amended by 
AoViGn'aQQK 
inserting "(a) IN GENERAL.—" after "3014." and by adding the 
following at the end thereof: 
"(b) 
IDENTIFICATION OR LISTING OF USED OIL AS HAZARDOUS 
WASTE.—Not later than twelve months after the date of enactment 
of the Hazardous and Solid Waste Amendments of 1984 the Admin-
istrator shall propose whether to list or identify used automobile 
42 use 6921. 
and truck crankcase oil as hazardous waste under section 3001. Not 
later than twenty-four months after such date of enactment, 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 3001. 
"(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 3001, the standards promulgated under section 
Ante, p. 3248; 42 3001(d), 3002, and 3003 of this subtitle shall not apply to such used 
use 6922, 6923. 
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 the date of enactment of the 
Hazardous and Solid Waste Amendments of 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 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3259 
promulgating such regulations with respect to generators, the Ad-
ministrator shall take into account the effect of such regulations on 
environmentally acceptable tjrpes 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 para-
graph (1) from the standards promulgated under section 3001(d), 
3002, and 3003 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 independ-
ent transporter or with an agent of the recycler) for deliv-
ery of such used oil to a recycling facility which has a 
permit under section 3005(c) (or for which a valid permit is 
deemed to be in effect under subsection (d)), or 
"(11) recycles such used oil at one or more facilities of the 
generator which has such a permit under section 3005 of 
this subtitle (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 transp)or-
tation of used oil which is exempt from the standards promulgated 
under section 3001(d), 3002, and 3003 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 3005 of this subtitle 
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 (cXD, shall be 
deemed to have a permit under this subsection for all such trcsat-
ment or recycling (and any associated tank or container storage) if 
such owner and operator comply with standards promulgated by the 
Administrator under section 3004; except that the Administrator 
may require such owners and operators to obtain an individual 
permit under section 3005(c) 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) shall 
not be required to obtain a permit under section 3005(c) with respect 
to such used oil until the Administrator has promulgated standards 
under section 3004 regarding the recycling of such used oil.". 
(b)(1) Section 7006(b) is amended by inserting after "3005" the 
following "(or in modifying or revoking any permit which is deemed 
to have been issued under section 3012(dXl))". 
Regulations. 
Ante, p. 3248; 42 
use 6922, 6923. 
Ante, pp. 3241, 
3242. 
Regulations. 
42 use 6924. 
42 use 6976. 
98 STAT. 3260 
PUBLIC LAW 98-616—NOV. 8, 1984 
42 
use 
6926. 
Ante, p. 
3258. 
Ante, p. 
3258. 
42 
use 
6936. 
Ante, p. 3241. 
Ante, p. 
3233. 
Ante, pp. 3241, 
3242. 
(2) The third sentence of section 3006(b) is amended by inserting 
after "hazardous waste" the following "(and to enforce permits 
deemed to have been issued under section 3012(d)(1))". 
RECOVERY AND RECYCUNG OF USED OIL 
SEC. 242. Section 3014(a) of the Solid Waste Disposal Act (entitled 
"Restrictions on Recycled Oil"), as redesignated by section 502 of this 
Act and amended by section 241 of this Act, is amended by striking 
out the period at the end thereof and substituting ", consistent with 
the protection of human health and the environment.". 
EXPANSION DURING INTERIM STATUS 
SEC. 243. (a) Subtitle C of the Solid Waste Disposal Act is amended 
by adding the following new section after section 3014: 
"EXPANSION DURING INTERIM STATUS 
"SEC. 3015. (a) WASTE PILES.—The owner or operator of a waste 
pile qualifying for the authorization to operate under section 3005(e) 
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 3004 before Octo-
ber 1, 1982, or revised under section 3004(o) (relating to minimum 
technological requirements), for new facilities receiving individual 
permits under subsection (c) of section 3005, 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 3005, and with 
respect to waste received beginning six months after the date of 
enactment of the Hazardous and Solid Waste Amendments of 1984. 
"(\)) LANDFILLS AND SURFACE IMPOUNDMENTS.—(1) The owner or 
operator of a landfill or surface impoundment qualifying for the 
authorization to operate under section 3005(e) shall be subject to the 
requirements of section 3004(o) (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 the date of enactment of the Hazardous 
and Solid Waste Amendments of 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 3005 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 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3261 
liner installed pursuant to the requirements of this section is leak-
ing. The Administrator may, under section 3004, amend the require- 
42 USC 6924. 
ments for liners and leachate collection systems required under this 
section as may be necessary to provide additional protection for 
human health and the environment.". 
(b) The table of contents for such subtitle C is amended by adding 
the following new item after the item relating to section 3014: 
"Sec. 3015. Expansion during interim status.". 
(c) Section 3005 of the Solid Waste Disposal Act is amended by Ante, p. 3253. 
adding the following new subsection after subsection (h): 
42 use 6925. 
"(i) INTERIM STATUS FACIUTIES RECEIVING WASTES AFTER JULY 26, 
1982.—The standards concerning ground water monitoring, unsatu-
rated zone monitoring, and corrective action, which are applicable 
under section 3004 to new landfills, surface impoundments, land 
treatment units, and waste-pile units required to be permitted under 
subsection (c) shall also apply to any landfill, surface impoundment, 
land treatment unit, or waste-pile unit qualifying for the authoriza-
tion to operate under subsection (e) which receives hazardous waste 
after July 26,1982.". 
INVENTORY OF FEDERAL AGENCY HAZARDOUS WASTE FACIUTIEiJ 
SEC. 244. Subtitle C of the Solid Waste Disposal Act is amended by 
adding the following new section after section 3015: 
"INVENTORY OF FEDERAL AGENCY HAZARDOUS WASTE FACIUTIES 
"SEC. 3016. (a) Each Federal agency shall undertake a continuing 
42 USC 6937. 
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 Ibeen 
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 3007(b). Information previously 
submitted by a Federal agency under section 103 of the Comprehen-
sive Environmental Response, Compensation, and Liability Act of 
1980, or under section 3005 or 3010 of this Act, or under this sec:tion 
42 USC 9603. 
need not be resubmitted except that the agency shall update any ^L^^^ ^^^^' 
previous submission to reflect the latest available data and informa-
tion. 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 3005 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 environ-
mental contamination at each site, including a description of 
the monitoring data obtained. 
98 STAT. 3262 
PUBLIC LAW 98-616—NOV. 8, 1984 
"(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 cur-
rently 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 contem-
plated 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 
Ad-
ministrator determines that any Federal agency under subsection 
(a) is not adequately providing information respecting the sites 
referred to in subsection (a), the Administrator shall notify the chief 
official of such agency. If within ninety days following such notifica-
tion, the Federal agency has not undertaken a program to adequately 
provide such information, the Administrator shall carry out the 
inventory program for such agency.". 
EXPORT OF HAZARDOUS WASTE 
SEC. 245. (a) Subtitle C of the Solid Waste Disposal Act is amended 
by inserting the following new section after section 3016: 
"EXPORT OF HAZARDOUS WASTE 
42 use 6938. 
"SEC. 3017. (a) IN GENERAL.—Beginning twenty-four months after 
the date of enactment of the Hazardous and Solid Waste Amend-
ments of 1984, no person shall export any hazardous waste identified 
or listed under this subtitle unless 
"(IXA) 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 accompanjdng each waste shipment, 
smd 
"(D) the shipment conforms with the terms of the consent of 
the government of the receiving country required pursuant to 
subsection (e), or 
"(2) the United States and the government of the receiving 
country have entered into an agreement as provided for in 
subsection (f) and the shipment conforms with the terms of such 
agreement. 
"(b) REGULATIONS.—Not later than twelve months after the date 
of enactment of the Hazardous and Solid Waste Amendments of 
1984, the Administrator shall promulgate the regulations necessary 
to implement this section. Such regulations shall become effective 
one hundred and eighty days after promulgation. 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3263 
"(c) NOTIFICATION.—Any person who intends to export a hazard-
ous waste identified or listed under this subtitle beginning tvirelve 
months after the date of enactment of the Hazardous and iSolid 
Waste Amendments of 1984, shall, before such hazardous wasite is 
scheduled to leave the United States, provide notification tc» the 
Administrator. Such notification shall contain the following infor-
mation: 
"(1) the name and address of the exporter; 
"(2) the tjrpes and estimated quantities of heizardous 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 disposcjd in 
the receiving country; and 
"(6) the name and address of the ultimate treatment, storage 
or disposal facility. 
"(d) 
PROCEDURES FOR REQUESTING CONSENT OF THE 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 communi-
cation 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 interna-
tional agreement between the United States and the government of 
the receiving country establishing notice, export, and enforceraent 
procedures for the transportation, treatment, storage, and dispK)sal 
of hazardous wastes, only the requirements of subsections (aX2) and 
(g) shall apply. 
"(g) REPORTS.—After the date of enactment of the Hazardous and 
Solid Waste Amendments of 1984, any person who exports any 
hazardous waste identified or listed under section 3001 of this 
subtitle shall file with the Administrator no later than March 1 of 
42 use 6921. 
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 3002 or section 3003 of this 
42 USC 6922, 
subtitle.". 
6923. 
98 STAT. 3264 
PUBLIC LAW 98-616—NOV. 8, 1984 
(b) The table of contents for such subtitle C is amended by adding 
the following new item after the item relating to section 3016: 
"Sec. 3017. Export of hazardous waste.". 
Ante, p. 3256. 
(c) Section 3008(d) of the Solid Waste Disposal Act, as amended by 
section 232 of this Act, is amended by adding after paragraph (5) "; 
or" and the following new paragraph: 
"(6) knowingly exports a hazardous waste identified or listed 
under this subtitle (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 haz-
ardous wastes, in a manner which is not in conformance with 
such agreement". 
DOMESTIC SEWAGE 
SEC. 246. (a) Subtitle C of the Solid Wsiste Disposal Act is amended 
by adding the following new section after section 3017: 
"DOMESTIC SEWAGE 
42 use 6939. 
"SEC. 3018. (a) REPORT.—The Administrator shall, not later than 
15 months after the date of enactment of the Hazardous and Solid 
Waste Amendments of 1984, submit a report to the Congress con-
42 use 6921. 
cerning those substances identified or listed under section 3001 
which are not regulated under this subtitle by reason of the exclu-
sion 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 weiste 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), the Administrator 
shall revise existing regulations and promulgate such additional 
regulations pursuant to this subtitle (or any other authority of the 
33 use 1317. 
Administrator, including section 307 of the Federal Water Pollution 
Control Act) as are necessary to assure that substances identified or 
listed under section 3001 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 the date of the enactment of the 
Hazardous and Solid Waste Amendments of 1984, submit a report to 
Congress concerning wastewater lagoons at publicly owned treat-
ment 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 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3265 
"(4) available alternatives for preventing or controlling such 
releases. 
The Administrator may utilize the authority of sections 3007 and 
3013 for the purpose of completing such report. 
42 USC 6927, 
"(d) APPLICATION OF SECTION 3010 AND SECTION 3007.—The provi- 
^o^r^Tor. coon 
sions of sections 3007 and 3010 shall apply to solid or dissolved 
gggV 
materials in domestic sewage to the same extent and in the same 
manner as such provisions apply to hazardous waste.". 
(c) The table of contents for such subtitle C is amended by adding 
the following new item at the end thereof: 
"Sec. 3018. Domestic sewage.". 
EXPOSURE INFORMATION AND HEALTH ASSESSMENTS 
SEC. 247. (a) Subtitle C of the Solid Waste Disposal Act is amended 
by adding the following new section after section 3018: 
"EXPOSURE INFORMATION AND HEALTH ASSESSMENTS 
"SEC. 3019. (a) EXPOSURE INFORMATION.—Beginning on the date 
42 use 6939a. 
nine months after the enactment of the Hazardous and Solid Waste 
Amendments of 1984, each application for a final determination 
regarding a permit under section 3005(c) for a landfill or surface 
Ante, pp. 3241, 
impoundment shall be accompanied by information reasonably as- 3242. 
certainable 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 informa-
tion 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 expo-
sure 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 
3005(c) has been submitted prior to the date of enactment of the 
Hazardous and Solid Waste Amendments of 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 such date of enactment. 
"(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), together with other relevant 
information, available to the Agency for Toxic Substances and 
Disease Registry established by section 104(i) of the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980. 
42 USC 9604. 
"(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 virhich 
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 
98 STAT. 3266 
PUBLIC LAW 98-616—NOV. 8, 1984 
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 104 (b) and (i) of the Comprehensive Envi-
42 use 9604. 
ronmental Response, Compensation and Liability Act of 1980. If 
funds are provided in connection with such request the Administra-
tor 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). 
"(e) PERIODIC REPORTS.—The Administrator of such Agency shall 
issue periodic reports which include the results of all the assess-
ments carried out under this section. Such assessments or other 
activities shall be reported after appropriate peer review. 
"(f) DEFINITION.—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 expo-
sure, 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 toler-
ance limits for such contaminants, and the comparison of existing 
morbidity and mortality data on diseases that may be £issociated 
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 107 
of the Comprehensive Environmental Response, Compensation, and 
42 use 9607. 
Liability Act of 1980 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.". 
(b) The table of contents for such subtitle C is amended by 
inserting the following new item after the item relating to section 
3018: 
"Sec. 3019. Exposure information and health assessments.". 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3267 
TITLE III—PROVISIONS RELATING TO SUBTITLE D OF THE 
SOLID WASTE DISPOSAL ACT 
SIZE OF WASTE-TO-ENERGY FACILITIES 
SEC. 301. (a) Section 4001 of the Solid Waste Disposal Act is 
amended by adding the following at the end thereof: "In developing 
such comprehensive plans, it is the intention of this Act that in 
determining the size of the waste-to-energy facility, adequate provi-
sion 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.". 
(b) Section 4003 of the Solid Waste Disposal Act is amended by 
adding the following new subsection at the end thereof: 
"(d) SIZE OF WASTE-TO-ENERGY FACIUTIES.—Notwithstanding any 
of the above requirements, it is the intention of this Act and the 
planning process developed pursuant to this Act 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 encom-
passed by the planning process.". 
SUBTITLE D IMPROVEMENTS 
SEC. 302. (a)(1) Subtitle D of the Solid Waste Disposal Act is 
amended by adding the following new section after section 4009: 
Post, p. 3276. 
Post, p. 3277. 
ADEQUACY OF CERTAIN GUIDEUNES AND CRITERIA 
42 u s e 6949a. 
42 u s e 6921. 
42 u s e 6907, 
6944. 
"SEC. 4010. (a) STUDY.—The Administrator shall conduct a study 
of the extent to which the guidelines and criteria under this Act 
(other than guidelines and criteria for facilities to which subtitle C 
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 1008(a) and the criteria under section 4004 regarding 
monitoring, prevention of contamination, and remedial action are 
adequate to protect ground water and shall also include recommen-
dation 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 the date of 
enactment of the Hazardous and Solid Waste Amendments of 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 GUIDEUNES AND CRITERIA.—Not later than 
March 31, 1988, the Administrator shall promulgate revisions of the 
criteria promulgated under paragraph (1) of section 4004(a) and 
under section 1008(aX3) for facilities that may receive hazardous 
household wastes or hazardous wastes from small quantity genera-
tors under section 3001(d). The criteria shall be those necessary to Ante, p. 3248. 
protect human health and the environment and may take into 
account the practicable capability of such facilities. At a minimum 
98 STAT. 3268 
PUBLIC LAW 98-616—NOV. 8, 1984 
such revisions for facilities potentially receiving such wastes should 
require ground water monitoring as necessary to detect contamina-
tion, establish criteria for the acceptable location of new or existing 
facilities, and provide for corrective action as appropriate.". 
(2) The table of contents for such subtitle D is amended by adding 
the following new item after the item relating to 4009: 
"Sec. 4010. Adequacy of certain guidelines and criteria.". 
42 use 6944. 
(b) Section 4004(c) of the Solid Waste Disposal Act is amended by 
striking all after "subsection (a)" through "later". 
42 use 6945. 
(c) Section 4005 of the Solid Waste Disposal Act is amended by 
adding the following new subsection after subsection Ot)): 
"(c) CONTROL OF HAZARDOUS DISPOSAL.—(IXA) Not later than 36 
months after the date of enactment of the Hazardous and Solid 
Waste Amendments of 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 heizardous household waste or hazardous waste 
Ante, p. 3248. 
due to the provision of section 3001(d) for small quantity generators 
(otherwise not subject to the requirement for a permit under section 
42 use 6925. 
3005) will comply with the applicable criteria promulgated under 
42 use 6907. 
section 4004(a) and section 1008(a)(3). 
"(B) Not later than eighteen months after the promulgation of 
revised criteria under subsection 4004(a) (as required by section 
Ante, p. 3267. 
4010(c)), each State shall adopt and implement a permit program or 
other system or prior approval and conditions, to assure that each 
solid waste management facility within such State which may re-
ceive hazardous household waste or hazardous waste due to the 
provision of section 3001(d) for small quantity generators (otherwise 
not subject to the requirement for a permit under section 3005) will 
comply with the criteria revised under section 4004(a). 
"(C) The Administrator shall determine whether each State has 
developed an adequate program under this paragraph. The Adminis-
trator may make such a determination in conjunction with 
approval, disapproval or partial approval of a State plan under 
42 use 6947. 
Section 4007. 
"(2XA) In any State that the Administrator determines has not 
adopted an adequate program for such facilities under paragraph 
(IXB) by the date provided in such paragraph, the Administrator 
42 use 6927, 
may use the authorities available under sections 3007 and 3008 of 
6928. 
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 
subtitle' in section 3008 shall be deemed to include criteria promul-
gated by the Administrator under sections 1008(aX3) and 4004(a) of 
this title, and the term 'hazardous wastes' in section 3007 shall be 
deemed to include solid waste at facilities that may handle hazard-
ous household wastes or hazardous wastes from small quantity 
generators.". 
TITLE IV—PROVISIONS RELATING PRIMARILY TO SUBTITLE 
G OF THE SOLID WASTE DISPOSAL ACT 
CITIZEN SUITS 
42 use 6972. 
SEC. 401. (a) Section 7002(aXl) of the Solid Waste Disposal Act is 
amended by— 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3269 
(1) inserting "prohibition," immediately after "requirement,"; 
(2) inserting "(A)" immediately after "(1)"; and 
(3) inserting the following at the end thereof: 
"(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, £ind 
including any past or present generator, past or present trans-
porter, 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", 
(b) Section 7002(a) of the Solid Waste Disposal Act is amended 
42 USC 6972. 
b y -
(1) inserting "or the alleged endangerment may occur" imme-
diately after "the alleged violation occurred" in the first sen-
tence following paragraph (2); and 
(2) striking "to enforce such regulation or order, or to order 
the Administrator to perform such act or duty as the case may 
be" in the portion following paragraph (2) and inserting in lieu 
thereof the following: "to enforce the permit, standard, regula-
tion, condition, requirement, prohibition, or order, referred to in 
paragraph (IXA), 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), £is the case may be, and to apply any appropriate 
civil penalties under section 3008 (a) and (g)". 
42 USC 6928. 
(c) Section 7002 of the Solid Waste Disposal Act is amended by 
adding the following new subsection at the end thereof: 
"(g) TRANSPORTERS.—A transporter shall not be deemed to have 
contributed or to be contributing to the handling, storage, treat-
ment, or disposal, referred to in subsection (a)(1)(B) 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.". 
(d) Section 7002(b) of the Solid Waste Disposal Act is amended to 
read as follows: 
"(b) ACTIONS PROHIBITED.—(1) No action may be commenced under 
subsection (a)(lXA) 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 respect-
ing a violation of subtitle C of this Act; or 
42 USC 6921. 
3 1 - 1 9 4 0 - 8 6 
29 
. QL.3 
P a r t 3 
98 STAT. 3270 
PUBLIC LAW 98-616—NOV. 8, 1984 
"(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, prohibi-
tion, or order. 
In any action under subsection (a)(1)(A) 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 contribut-
ing to the past or present handling, storage, treatment, trans-
portation, or disposal of any solid or hazardous waste referred to 
in subsection (a)(1)(B), 
except that such action may be brought immediately after such 
notification in the case of an action under this section respecting a 
violation of subtitle C of this Act. 
"(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 
42 use 6973. 
under section 7003 of this Act or under section 106 of the 
Comprehensive Environmental Response, Compensation and 
42 use 9606. 
Liability Act of 1980, 
"(ii) is actually engaging in a removal action under section 104 
of the Comprehensive Environmental Response, Compensation 
42 use 9604. 
and Liability Act of 1980; 
"(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 and is diligently proceeding with a remedial action under 
that Act; 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 or section 7003 of this Act 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) 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); 
"(ii) is actually engaging in a removal action under section 
104 of the Comprehensive Environmental Response, Compensa-
tion and Liability Act of 1980; or 
"(iii) has incurred costs to initiate a Remedial Investigation 
and Feasibility Study under section 104 of the Comprehensive 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3271 
Environmental Response, Compensation and Liability Act of 
1980 and is diligently proceeding with a remedial action under 
42 USC 9604. 
that Act. 
"(D) No action may be commenced under subsection (a)(1)(B) 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 (aXlXB) 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, £is a 
practical matter, impair or impede his ability to protect that inter-
est, 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 (aXl)(B) 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 virith 
the Administrator.". 
(e) Section 7002(e) of the Solid Waste Disposal Act is amended by 
42 use 6972. 
striking out "to any party" and substituting in lieu thereof "to the 
prevailing or substantially prevailing party" and inserting "or sec-
tion 7006" after "this section". 
IMMINENT HAZARD 
SEC. 402. Section 7003(a) of the Solid Waste Disposal Act is amended 
42 USC 6973. 
b y -
(1) inserting "past or present" after "evidence that the"; 
(2) striking "to immediately restrain any person" and insert-
ing in lieu thereof "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"; 
(3) striking "to stop" and inserting in lieu thereof "to restrain 
such person from"; 
(4) striking "or to take such other action £is may be necessary" 
and substituting ", to order such person to take such other 
action as may be necessary, or both"; and 
(5) inserting after the first sentence thereof the following: "A 
transporter shall not be deemed to have contributed or to be 
contributing to such handling, storage, treatment, or disp3sal 
taking place after such solid waste or hazardous waste has left 
the possession or control of such transporter if the transporta-
tion of such waste was under a sole contractural 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, trans-
portation and disposal of such waste.". 
ENFORCEMENT 
SEC. 403. (a) Section 7003 of the Solid Waste Disposal Act is 42 use 6973. 
amended by adding the following new subsection after subsection O
t
>
) 
thereof: 
"(c) IMMEDIATE NOTICE.—Upon receipt of information that there is 
hazardous waste at any site which h£is presented an imminent and 
98 STAT. 3272 
PUBLIC LAW 98-616—NOV. 8, 1984 
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.". 
(b)(1) Subtitle G of the Solid Waste Disposal Act is amended by 
adding the following new section after section 7011: 
"LAW ENFORCEMENT AUTHORITY 
Post, p. 3273. 
"SEC. 7012. The Attorney General of the United States shall, at 
42 use 6979b. 
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 crimi-
nal investigations with respect to violations of the criminal provi-
sions of this Act.". 
(2) The table of contents for subtitle G of such Act is amended by 
inserting the following new item after the item relating to section 
7011. 
"Sec. 7012. Law enforcement authority.". 
42 use 6945. 
(c) Section 4005 of the Solid Waste Disposal Act is amended by 
inserting after the first sentence in subsection (a) the following: 
"The prohibition contained in the preceding sentence shall be 
42 use 6972. 
enforceable under section 7002 against persons engaged in the act of 
open dumping." 
42 use 6928. 
(d)(1) Section 3008(a)(1) of the Solid Waste Disposal Act is amended 
to read as follows: "(1) Except as provided in paragraph (2), when-
ever on the basis of any information the Administrator determines 
that any person has violated or is in violation of any requirement of 
this subtitle, 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) Section 3008(a)(3) of such Act is amended to read as follows: 
"(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 subtitle 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 subtitle. 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) Section 3008(c) of such Act is amended to read as follows: 
"(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).". 
42 use 6912. 
(4) Section 2002 of such Act is amended by inserting the following 
at the end thereof: 
"(c) CRIMINAL INVESTIGATIONS.—In carrying out the provisions of 
this Act, the Administrator, and duly-designated agents and employ-
ees of the Environmental Protection Agency, are authorized to 
initiate and conduct investigations under the criminal provisions of 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3273 
this Act, and to refer the results of these investigations to the 
Attorney General for prosecution in appropriate cases.". 
(5) Section 7006(b) of such Act is amended by inserting the follow- 
42 USC 6976. 
ing before the last sentence thereof: "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.". 
PUBUC PARTICIPATION IN SETTLEMENTS 
SEC. 404. Section 7003 of the Solid Waste Disposal Act is amended 
Ante, p. 3271. 
by adding the following new subsection after subsection (c) thereof: 
"(d) PuBLi© 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 Act or the Administrative Procedure Act.". 
5 USC note 
prec. 551. 
INTERIM CONTROL OF HAZARDOUS WASTE INJECTION 
SEC. 405. (a) Subtitle G of the Solid Waste Disposal Act is amended 
by adding the following new section at the end thereof: 
"INTERIM CONTROL OF HAZARDOUS WASTE INJECTION 
"SEC. 7010. (a) UNDERGROUND SOURCE OF DRINKING WATER.—NO Prohibition. 
hazardous waste may be disposed of by underground injection— 
^^ ^SC 6979a. 
"(1) into a formation which contains (within one-quarter mile 
of the well used for such underground injection) an under-
ground source of drinking water; or 
"(2) above such a formation. 
The prohibitions established under this section shall take effect 6 
months after the enactment of the Hazardous and Solid Waste 
Amendments of 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 use 201 note. 
"(b) ACTIONS UNDER CERCLA.—Subsection (a) 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 104 or 106 of 
the Comprehensive Environmental Response, Compensa-
tion and Liability Act of 1980, or 
42 use 9604, 
"(B) part of corrective action required under this title 9606. 
intended to clean up such contamination; 
"(2) such contaminated ground water is treated to substan-
tially reduce hazardous constituents prior to such injection; and 
"(3) such response action or corrective action will, upon com-
pletion, be sufficient to protect human health and the envi-
ronment. 
"(c) ENFORCEMENT.—In addition to enforcement under sections 
7002 and 7003 of this Act, the prohibitions established under para- 
42 USC 6972, 
6973. 
98 STAT. 3274 
PUBLIC LAW 98-616—NOV. 8, 1984 
graphs (1) and (2) of subsection (a) shall be enforceable under the 
42 use 201 note. Safe Drinking Water Act in any State— 
"(1) which has adopted identical or more stringent prohibi-
42 use 300h. 
tions under part C of the Safe Drinking Water Act 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 and 
is exercising primary enforcement responsibility under that Act 
for enforcement of such prohibitions. 
"(d) The terms 'primary enforcement responsibility', 'under-
ground source of drinking water', 'formation' and 'well' have the 
same meanings as provided in regulations of the Administrator 
under the Safe Drinking Water Act. The term 'Safe Drinking Water 
42 use 300f. 
Act' means title XIV of the Public Health Service Act.". 
(b) TABLE OF CONTENTS.—The table of contents for such subtitle G 
is amended by inserting the following new item at the end thereof: 
"Sec. 7010. Interim control of hazardous waste injection.". 
TITLE V—PROVISIONS RELATING TO SEVERAL SUBTITLES 
OF THE SOLID WASTE DISPOSAL ACT 
USE OF RECOVERED MATERIALS BY FEDERAL AGENCIES 
42 use 6962. 
SEC. 501. (a) Section 6002 of the Solid Waste Disposal Act is 
amended by adding the following new subsections after subsection 
(g) thereof^ 
"(h) DEFINITION.—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, includ-
ing: 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 man-
ufacturing operations up to and including the cutting and 
trimming of the paper machine reel into smaller rolls or 
rough sheets) including: envelope cuttings, bindery trim-
mings, and other paper and paperboard waste, resulting 
from printing, cutting, forming, and other converting oper-
ations; bag, box, and carton manufacturing wastes; and butt 
rolls, mill wrappers, and rejected unused stock; and 
"(B) finished paper and paperboard from obsolete inven-
tories 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; 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3275 
"(D) wastes generated by the conversion of goods made 
from fibrous material (that is, waste rope from cordiage 
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), 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 consist-
ent 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 percentjage 
of recovered material utilized in the performance of a contract; 
certification of minimum recovered material content actueiUy 
utilized, where appropriate; and reasonable verification proce-
dures 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 subsec-
tion (h)(1). 
"(3) In developing the preference program, the following options 
shall be considered for adoption: 
"(A) Case-by-Ceise Policy Development: Subject to the limita-
tions of subsection (c)(1) (A) through (C), 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)). Subject to such limita-
tions, agencies may make an award to a vendor offering items 
with less than the maximum recovered materials content. 
"(B) Minimum Content Standards: Minimum recovered mgite-
rials 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)) 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). 
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.". 
(b) Section 6002(e) of the Solid Waste Disposal Act is amended 
42 use 6962. 
by— 
(1) adding the following after "section" in paragraph (1): ", 
and in the case of paper, provide for maximizing the use of post 
consumer recovered materials referred to in subsection (h)(1)"; 
and 
(2) striking out "for at least three product categories" and all 
that follows down through "1982" and substituting "for paper 
within one hundred and eighty days after the enactment of the 
Hazardous and Solid Waste Amendments of 1984, and for three 
98 STAT. 3276 
PUBLIC LAW 98-616—NOV. 8, 1984 
additional product categories (including tires) by October 1, 
1985". 
42 use 6962. 
(c) Section 6002(cXl) of the Solid Waste Disposal Act is amended 
by inserting after "highest percentage of recovered materials practi-
cable" the following: "(and in the case of paper, the highest 
percentage of the postconsumer recovered materials referred to in 
subsection (hXD practicable)". 
(d) Section 6002(g) of the Solid Waste Disposal Act is amended 
b y -
(1) striking out "the policy expressed in" and substituting 
"the requirements of; and 
(2) by inserting before the period at the end thereof the 
following: ", 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)". 
Effective date. 
(e) Section 6002(dXl) of the Solid Waste Disposal /v. "
^ is amended 
by striking out "five years after the date of enactment o. '•his Act" 
and substituting "eighteen months after the date of enacti. nt of 
the Hazardous and Solid Waste Amendments of 1984". 
42 use 6941. 
(fXD Section 4001 of the Solid Waste Disposal Act, as amended by 
section 301 of this Act, is further amended by inserting ", including 
Ante, p. 3274. 
those needs created by thorough implementation of section 6002(h)," 
after "adequate provision shall be given to the present and reason-
ably anticipated future needs". 
Ante, p. 3225. 
(2) Section 1006(b) of the Solid Waste Disposal Act is amended by 
adding the following new paragraph after paragraph (2) thereof (as 
added by section 102 of this Act): 
"(3) Notwithstanding any other provisions of law, in developing 
solid waste plans, it is the intention of this Act that in determining 
the size of a waste-to-energy facility, adequate provisions shall be 
given to the present and reasonably anticipated future needs, in-
cluding those needs created by thorough implementation of section 
6002(h), of the recycling and resource recovery interests within the 
area encompassed by the solid waste plan.". 
TECHNICAL AND CLERICAL AMENDMENTS 
42 use 6927. 
SEC. 502. (a) Section 3007(b) of the Solid Waste Disposal Act is 
amended by inserting the following after the word "information" : 
"(including records, reports, or information obtained by representa-
tives of the Environmental Protection Agency)". 
42 use 6915. 
ft)) 
Section 2006(1) of the Solid Waste Disposal Act is amended by 
striking out "detail" and substituting "detailed". 
42 use 6945. 
(c) Section 4005(a) of the Solid Waste Disposal Act is amended by 
inserting a closing parenthetical mark before the period at the end 
thereof. 
42 use 6948. 
(d) The second paragraph (2) in section 4008(d) of the Solid Waste 
Disposal Act is redesignated as paragraph (3). 
(e) Section 4008 of the Solid Waste Disposal Act is amended by 
redesignating the second subsection (f) (entitled "Assistance to Mu-
nicipalities for Energy and Materials Conservation and Recovery 
Planning Activities") as subsection (g). 
42 use 6984. 
(f) Section 8004(c) of the Solid Waste Disposal Act is amended by 
inserting "(1)" immediately after "C!OST SHARING.—". 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3277 
(g)(1) Section 3012 of the Solid Waste Disposal Act entitled "Re- 42 use 6932, 
strictions on Recycled Oil," is renumbered as section 3014 and ^^^^ 
inserted after section 3013. 
(2) The item in the table of contents of such Act relating to 3012 of 
the Solid Waste Disposal Act and entitled "Restrictions on Recj^cled 
Oil," is renumbered as 3014 and inserted after the item relating to 
section 3013. 
(h) Subsection (b) of section 4003 of the Solid Waste Disposal Act, 42 use 6943. 
entitled "Energy and Materials Conservation and Recovery Feaisibil-
ity Planning and Assistance" is redesignated as subsection (c) of 
such section 4003. 
TITLE VI—UNDERGROUND STORAGE TANKS 
UNDERGROUND STORAGE TANK REGULATION 
SEC. 601. (a) The Solid Waste Disposal Act is amended by adding 
the following new subtitle after subtitle H: 
"Subtitle I—Regulation of Underground Storage Tanks 
"DEFINITIONS AND EXEMPTIONS 
"SEC. 9001. For the purposes of this subtitle— 
42 use 6991. 
"(1) The term 'underground storage tank' means any one or 
combination of tanks (including underground pipes conncjcted 
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 Petroleum and 
on the premises where stored, 
petroleum 
"(C) septic tank, 
P^"'^"'^'^-
"(D) pipeline facility (including gathering lines) regulated 
under— 
"(i) the Natural Gas Pipeline Safety Act of 1968 (49 
U.S.C. App. 1671, et seq.), 
"(ii) 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 comparable to the provisions of law 
referred to in clause (i) or (ii) of this subparagi*aph, 
"(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. 
98 STAT. 3278 
PUBLIC LAW 98-616—NOV. 8, 1984 
The term 'underground storgige tank' shall not include any 
pipes connected to any tank which is described in subpara-
graphs (A) through (I). 
"(2) The term 'regulated substance' means— 
"(A) any substance defined in section 101(14) of the Com-
prehensive Environmental Response, Compensation, and 
42 use 9601. 
Liability Act of 1980 (but not including any substance 
42 use 6921. 
regulated as a hazardous waste under subtitle C), and 
"(B) petroleum, including crude oil or any fraction there-
of which is liquid at standard conditions of temperature and 
pressure (60 degrees Fahrenheit and 14.7 pounds per square 
inch absolute). 
"(3) The term 'owner' means— 
"(A) in the case of an underground storage tank in use on 
the date of enactment of the Hazardous and Solid Waste 
Amendments of 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 sustances, and 
"(B) in the case of any underground storage tank in use 
before the date of enactment of the Hazardous and Solid 
Waste Amendments of 1984, but no longer in use on the 
date of enactment of such Amendments, any person who 
owned such tank immediately before the discontinuation of 
its use. 
"(4) The term 'operator' means any person in control of, or 
having responsibility for, the daily operation of the under-
ground storage tank. 
"(5) The term 'release' means any spilling, leaking, emitting, 
discharging, escaping, leaching, or disposing from an under-
ground storage tank into ground water, surface water or subsur-
face soils. 
"(6) The term 'person' has the same meaning as provided in 
section 1004(15), except that such term includes a consortium, a 
joint venture, and a commercial entity, and the United States 
Government. 
"(7) The term 'nonoperational storage tonk' means any under-
ground storage tonk in which regulated substonces will not be 
deposited or from which regulated substonces will not be dis-
pensed after the date of the enactment of the Hazardous and 
Solid Waste Amendments of 1984. 
"NOTIFICATION 
42 use 6991a. 
"SEC. 9002. (a) UNDERGROUND STORAGE TANKS.—(1) Within 18 
months after the date of enactment of the Hazardous and Solid 
Waste Amendments of 1984, each owner of an underground storage 
tank shall notify the Stote or local agency or department designated 
pursuant to subsection (bXD of the existence of such tonk, specifying 
the age, size, type, location, and uses of such tank. 
"(2)(A) For each underground storage tonk token out of operation 
after January 1, 1974, the owner of such tonk shall, within eighteen 
months after the date of enactment of the Hazardous and Solid 
Waste Amendments of 1984, notify the Stote or local agency, or 
department designated pursuant to subsection (bXD of the existence 
of such tanks (unless the owner knows the tonk subsequently was 
removed from the ground). The owner of a tonk taken out of 
operation on or before January 1, 1974, shall not be required to 
notify the Stote or local agency under this subsection. 
"(B) Notice under subparagraph (A) shall specify, to the extent 
known to the owner— 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3279 
"(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 103(c) of the 
Comprehensive Environmental Response, Compensation, and Liabil-
ity Act of 1980. 
"(5) Beginning thirty days after the Administrator prescribes the 
form of notice pursuant to subsection (b)(2) 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 9003(e) of this 
subtitle, 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 the enactment of the Hazardous and Solid Waste Amend-
ments of 1984, the Governors of each State shall designate the 
appropriate State agency or department or local agencies or depart-
ments to receive the notifications under subsection (a) (1), (2), or (3). 
"(2) Within twelve months after the date of enactment of the 
Hazardous and Solid Waste Amendments of 1984, the Administra-
tor, in consultation with State and local officials designated pursu-
ant to subsection (bXD, 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). 
In prescribing the form of such notice, the Administrator shall take 
into account the effect on small businesses and other owners and 
operators. 
42 u s e 9603. 
Infra. 
State and local 
governments. 
Public 
information. 
RELEASE DETECTION, PREVENTION, AND CORRECTION REGULATIONS 
"SEC. 9003. (a) REGULATIONS.—The Administrator, after notice and 
42 use 6991b. 
opportunity for public comment, and at least three months before 
the effective dates specified in subsection (f), shall promulgate re-
lease 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 con-
sensus codes, hydrogeology, water table, size of the tanks, quantity 
of regulated substances periodically deposited in or dispensed from 
98 STAT. 3280 
PUBLIC LAW 98-616—NOV. 8, 1984 
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 com-
parable 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 
releeise from an underground storage tank; and 
"(5) requirements for the closure of tanks to prevent future 
releases of regulated substances into the environment. 
"(d) FINANCIAL RESPONSIBILITY.—(1) As he deems necessary or 
desirable, the Administrator shall promulgate regulations contain-
ing requirements for maintaining evidence of financial responsibil-
ity as he deems necessary and desirable f'>r 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. 
"(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, or qualification 
as a self-insurer. In promulgating requirements under this subsec-
tion, 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 responsi-
bility in order to effectuate the purposes of this subtitle. 
Courts, U.S. 
"(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 responsi-
bility. 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 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3281 
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 107 or 111 of the Comprehensive Environmental 
Response, Compensation and Liability Act of 1980 or other 
42USC9607, 
applicable law. 
9611. 
"(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. 
"(e) NEW TANK PERFORMANCE STANDARDS.—The Administrator 
shall, not later than three months prior to the effective date speci-
fied in subsection (f), 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 subsec-
tion (c) and (d) of this section, and standards issued pursuant to 
subsection (e) of this section, for underground storage tanks contain-
ing regulated substances defined in section 9001(2)(B) (petroleum, 
including crude oil or any fraction thereof which is liquid at stand-
ard conditions of temperature and pressure) shall be effective not 
later than thirty months after the date of enactment of the Hazard-
ous and Solid Waste Amendments of 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 
9001(2)(A) shall be effective not later than thirty-six months after 
the date of enactment of the Hazardous and Solid Waste Amend-
ments of 1984. 
"(3) Regulations issued pursuant to subsection (c) of this section 
(entitled 'Requirements') and standards issued pursuant to subsec-
tion (d) of this section (entitled 'Financial Responsibility') for un-
derground storage tanks containing regulated substances defined in 
section 9001(2)(A) shall be effective not later than forty-eight months 
after the date of enactment of the Hazardous and Solid Waste 
Amendments of 1984. 
"(g) INTERIM PROHIBITION.—(1) Until the effective date of the 
standards promulgated by the Administrator under subsection (e) 
and after one hundred and eighty days after the date of the enact-
ment of the Hazardous and Solid Waste Amendments of 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 fail-
ure 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 ap-
proved by the Administrator, show that soil resistivity in an instal-
lation location is 12,000 ohm/cm or more (unless a more stringent 
98 STAT. 3282 
PUBLIC LAW 98-616—NOV. 8, 1984 
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). 
"APPROVAL OF STATE PROGRAMS 
42 use 6991c. 
"SEC. 9004. (a) ELEMENTS OF STATE PROGRAM.—Beginning 30 
months after the date of enactment of the Hazardous and Solid 
Waste Amendments of 1984, any State may, submit an underground 
storage tamk 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 
9001(2) (A) or (B) or both. A State program may be approved by the 
Administrator under this section only if the State demonstrates that 
the State prc^ram 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 com-
parable 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 re-
sponsibility 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; and 
"(8) requirements— 
"(A) for notifying the appropriate State agency or depart-
ment (or local agency or department) designated according 
to section 9002(bXl) 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 9002(bX2), 
"(b) FEDERAL STANDARDS.—(1) A State program submitted under 
this section may be approved only if the requirements under para-
graphs (1) through (7) of subsection (a) are no less stringent than the 
corresponding requirements standards promulgated by the Adminis-
trator pursuant to section 9003(a). 
"(2XA) 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) are less stringent than the corresponding 
standards under section 9003(a) during the one-year period com-
mencing on the date of promulgation of regulations under section 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3283 
9003(a) 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) are less 
stringent than the corresponding standards under section 9003(a) 
during the two-year period commencing on the date of promulgation 
of regulations under section 9003(a) (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 compen-
sation programs financed by fees on tank owners and operators and 
administered by State or local agencies or departments may be 
submitted for approval under subsection (a)(6) as evidence of finan-
cial responsibility. 
"(2) Financial responsibility required by this subsection may be 
established in accordance with regulations promulgated by the Ad-
ministrator by any one, or any combination, of the following: insur-
ance, guarantee, surety bond, letter of credit, or qualification as a 
self-insurer. In promulgating requirements under this subsection, 
the Administrator is authorized to specify policy or other contrac-
tual terms, conditions, or defenses which are necessary or are 
unacceptable in establishing such evidence of financial responsibil-
ity in order to effectuate the purposes of this subtitle. 
"(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 responsi-
bility. 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 107 or 111 of the Comprehensive Environmental 
Response, Compensation and Liability Act of 1980 or other applica-
ble 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. 
"(d) EPA DETERMINATION.—(1) Within one hundred and eighty 
days of the date of receipt of a proposed State program, the Adminis-
trator shall, after notice and opportunity for public comment, make 
State and local 
governments. 
Claims. 
42 u s e 9607, 
9611. 
Public 
information. 
STAT. 3284 
PUBLIC LAW 98-616—NOV. 8, 1984 
a determination whether the State's program complies with the 
provisions of this section and provides for adequate enforcement of 
compUance with the requirements and standards adopted pursuant 
to this section. 
State and local 
"(2) If the Administrator determines that a State program com-
governments. 
plies 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 Administra-
tor determines after public hearing that a State is not administering 
and enforcing a program authorized under this subtitle in accord-
ance 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 rees-
tablish the Federal program pursuant to this subtitle. 
"INSPECTIONS, MONITORING, AND TESTING 
42 use 699Id. 
"Sec. 9005. (a) FURNISHING INFORMATION.—For the purposes of 
developing or assisting in the development of any regulation, con-
ducting any study, or enforcing the provisions of this subtitle, any 
owner or operator of an underground storage tank (or any tank 
subject to study under section 9009 that is used for storing regulated 
substances) shall, upon request of any officer, employee or repre-
sentative of the Environmental Protection Agency, duly designated 
by the Administrator, or upon request of any duly designated offi-
cer, employee, or representative of a State with an approved pro-
gram, furnish information relating to such tanks, their associated 
equipment, their contents, conduct monitoring or testing, and 
permit such officer at all reasonable times to have access to, and to 
copy all records relating to such tanks. For the purposes of develop-
ing or assisting in the development of any regulation, conducting 
any study, or enforcing the provisions of this subtitle, 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; and 
"(3) to conduct monitoring or testing of the tanks, associated 
equipment, contents, or surrounding soils, air, surface water or 
ground water. 
Each such inspection shall be commenced and completed with rea-
sonable promptness. 
Records. 
"(b) CoNFiDENTiAUTY.—(1) Any records, reports, or information 
Reports. 
obtained from any persons under this section shall be available to 
the public, except that upon a showing satisfactory to the Adminis-
trator (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 of the United States Code, such information 
or particular portion thereof shall be considered confidential in 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3285 
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 Act, or when relevent in any 
proceeding under this Act. 
"(2) Any person not subject to the provisions of section 1905 of 
title 18 of the United States Code 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 subtitle, 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 subtitle. 
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 Admin-
istrator) under this Act 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 Evironmental Protection Agency). 
Crimes and 
misdemeanors. 
FEDERAL ENFORCEMENT 
"SEC. 9006. (a) COMPLIANCE ORDERS.—(1) Except as provided in 
paragraph (2), whenever on the basis of any information, the Admin-
istrator determines that any person is in violation of any 
requirement of this subtitle, 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 Stetes 
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 subtitle 
where such violation occurs in a State with a program approved 
under section 9004, 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 subsec-
tion 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 hear-
ing. 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 
Crimes and 
misdemeanors. 
42 u s e 6991e. 
98 STAT. 3286 
PUBLIC LAW 98-616—NOV. 8, 1984 
Crimes and 
misdemeanors. 
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 9002(a) 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 Admin-
istrator under section 9003; 
"(B) any requirement or standard of a State program ap-
proved pursuant to section 9004; or 
"(C) the provisions of section 9003(g) (entitled 'Interim 
Prohibition') 
shall be subject to a civil penalty not to exceed $10,000 for each t£ink 
for each day of violation. 
"FEDERAL FACILITIES 
42USC699if. 
"SEC. 9007. (a) APPUCATION OF SUBTITLE.—Each department, 
agency, and instrumentality of the executive, legislative, and judi-
cial branches of the Federal Government having jurisdiction over 
any underground storage tank shall be subject to and 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 pajrment of reasonable service charges. Nei-
ther 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. 
President of U.S. 
"(b) PRESIDENTIAL EXEMPTION.—The President may exempt any 
underground storage tanks of any department, agency, or instru-
mentality 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 
appropriations. 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 determina-
Report. 
tion. 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. 
"STATE AUTHORITY 
42 use 699ig. 
"SEC. 9008. Nothing in this subtitle 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 storg^e tanks that is more stringent than a regulation, 
requirement, or standard of performance in effect under this 
subtitle. 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3287 
"STUDY OF UNDERGROUND STORAGE TANKS 
"SEC. 9009. (a) PETROLEUM TANKS.—Not later than twelve months 
study. 
after the date of enactment of the Hazardous and Solid Waste 
^^ USC 699 ih. 
Amendments of 1984, the Administrator shall complete a study of 
underground storage tanks used for the storage of regulated sub-
stances defined in section 9001(2XB). 
"(b) OTHER TANKS.—Not later than thirty-six months after the 
Study. 
date of enactment of the Hazardous and Solid Waste Amendments 
of 1984, the Administrator shall complete a study of all other 
underground storage tanks. 
"(c) ELEMENTS OF STUDIES.—The studies under subsections (a) and 
(b) 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 loca-
tions (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 
Study. 
months after the date of enactment of the Hazardous and SJolid 
Waste Amendments of 1984, the Administrator shall conduct a 
study regarding the tanks referred to in section 9001(1) (A) and (B). 
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 environ-
ment. 
"(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 recommen-
dations respecting whether or not such tanks should be subjec;t to 
the preceding provisions of this subtitle. 
"(f) REIMBURSEMENT.—(1) If any owner or operator (excepting an 
agency, department, or instrumentality of the United States Gov-
ernment, 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 reim-
bursement for such costs. 
"(2) All claims for reimbursement shall be filed with the Adminis-
trator 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 con-
tained in section 2007(g). 
Ante, p. 3223. 
"(4) For purposes of judicial review, a determination by the Ad-
ministrator under this subsection shall be considered final agency 
action. 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 9010. For authorization of appropriations to carry out this 
42 USC 69911. 
subtitle, see section 2007(g).". 
98 STAT. 3288 
PUBLIC LAW 98-616—NOV. 8, 1984 
(b) The table of contents of the Solid Waste Disposal Act is 
amended by inserting the following after the items relating to 
subtitle H: 
"Subtitle I—Regulation of Underground Storage Tanks 
"Sec. 9001. Definitions. 
"Sec. 9002. Notification. 
"Sec. 9003. Release detection, prevention, and correction regulations. 
"Sec. 9004. Approval of State programs. 
"Sec. 9005. Inspections, monitoring, and testing. 
"Sec. 9006. Federal enforcement. 
"Sec. 9007. Federal facilities. 
"Sec. 9008. State authority. 
"Sec. 9009. Study of underground storage tanks. 
"Sec. 9010. Authorization of appropriations.". 
TITLE VII—OTHER PROVISIONS 
REPORT TO CONGRESS ON INJECTION OF HAZARDOUS WASTE 
SEC. 701. (a) The Administrator, in cooperation with the States, 
shall compile and, not later than six months after the date of 
enactment of the Hazardous and Solid Waste Amendments of 1984, 
submit 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, an inventory of all 
wells in the United States which inject hazardous wastes. The 
inventory shall include the following information: 
(1) the location and depth of each well; 
(2) engineering and construction details of each, including the 
thickness and composition of its casing, the width and content of 
the annulus, and pump pressure and capacity; 
(3) the hydrogeological characteristics of the overlying and 
underlying strata, as well as that into which the waste is 
injected; 
(4) the location and size of all drinking water aquifers pene-
trated by the well, or within a one-mile radius of the well or 
within two hundred feet below the well injection point; 
(5) the location, capacity, and population served by each well 
providing drinking or irrigation water which is within a five-
mile radius of the injection well; 
(6) the nature and volume of the waste injected during the 
one-year period immediately preceding the date of the report; 
(7) the dates and nature of the inspections of the injection well 
conducted by independent third parties or agents of State, 
Federal, or local government; 
(8) the name and address of all owners and operators of the 
well and any disposal facility associated with it; 
(9) the identification of all wells at which enforcement actions 
have been initiated under this Act (by reason of well failure, 
operator error, ground water contamination or for other 
reasons) and an identification of the wastes involved in such 
enforcement actions; and 
(10) such other information as the Administrator may, in his 
discretion, deem necessary to define the scope and nature of 
hazardous waste disposal in the United States through under-
ground injection. 
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3289 
(b) In fulfilling the requirements of paragraphs (3) through (5) of 
subsection (a), the Administrator need only submit such information 
as can be obtained from currently existing State records and from 
site visits to at least twenty facilities containing wells which inject 
hazardous waste. 
(c) The States shall make available to the Administrator such 
information as he deems necessary to accomplish the objectives of 
this section. 
EXTENDING THE USEFUL UFE OF SANITARY LANDFILLS 
SEC. 702. Section 8002 of the Solid Waste Disposal Act is amended 
Ante, p. 3253. 
by adding the following new subsection after subsection (r) thereof: 
"(s) EXTENDING LANDFILL LIFE AND REUSING LANDFILLED AREAS.— 
The Administrator shall conduct detailed, comprehensive studies of study. 
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 place-
ment 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 accepitable 
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 reclaim-
ing landfilled areas; and 
(7) methods to coordinate use of a landfill owned by one 
municipality by nearby municipalities, and to establish equita-
ble 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 
Report. 
periodically report on the results of such studies, with the first such 
report not later than October 1, 1986, In carrying out this subsec-
tion, the Administrator need not duplicate other studies which have 
been completed and may rely upon information which has 
previously been compiled.". 
URANIUM MILL TAILINGS 
SEC. 703. Nothing in the Hazardous and Solid Waste Amendments 
42 use 6905 
of 1984 shall be construed to affect, modify, or amend the Uranium 
note. 
Mill Tailings Radiation Control Act of 1978. 
42 use 790i 
note. 
NATIONAL GROUND WATER COMMISSION 
SEC. 704. (a) There is established a commission to be known as the 
National Ground Water Commission (hereinafter in this section 
referred to as the "Commission"). 
(b) The duties of the Commission are to: 
(1) Assess generally the amount, location, and quality of the 
Nation's ground water resources. 
(2) Identify generally the sources, extent, and types of ground 
water contamination. 
Establishment. 
98 STAT. 3290 
PUBLIC LAW 98-616—NOV. 8, 1984 
(3) Assess the scope and nature of the relationship between 
ground water contamination and ground water withdrawal and 
develop projections of available, usable ground water in future 
years on a nationwide basis. 
(4) Assess the relationship between surface water pollution 
and ground water pollution. 
(5) Assess the need for a policy to protect ground water from 
degradation caused by contamination. 
(6) Assess generally the extent of overdrafting of ground 
water resources, and the adequacy of existing mechanisms for 
preventing such overdrafting. 
(7) Assess generally the engineering and technological capa-
bility to recharge aquifers. 
(8) Assess the adequacy of the present understanding of 
ground water recharge zones and sole source aquifers and assess 
the adequacy of knowledge regarding the interrelationship of 
designated aquifers and recharge zones. 
(9) Assess the role of land-use patterns as these relate to 
protecting ground water from contamination. 
(10) Assess methods for remedial abatement of ground water 
contamination as well as the costs and benefits of cleaning up 
polluted ground water and compare cleanup costs to the costs of 
substitute water supply methods. 
(11) Investigate policies and actions taken by foreign govern-
ments to protect ground water from contamination. 
(12) Assess the use and effectiveness of existing interstate 
compacts to address ground water protection from contamina-
tion. 
(13) Analyze existing legal rights and remedies regarding 
contamination of ground water. 
(14) Assess the adequacy of existing standards for ground 
water quality under State and Federal law. 
(15) Assess monitoring methodologies of the States and the 
Federal Government to achieve the level of protection of the 
resource as required by State and Federal law. 
(16) Assess the relationship between ground water flow sys-
tems (and associated recharge areas) and the control of sources 
of contamination. 
(17) Assess the role of underground injection practices as a 
means of disposing of waste fluids while protecting ground 
water from contamination. 
(18) Assess methods for abatement and containment of ground 
water contamination and for aquifer restoration including the 
costs 
and 
benefits 
of 
alternatives 
to 
abatement 
and 
containment. 
(19) Assess State and Federal ground water law and mecha-
nisms with which to manage the quality of the ground water 
resource. 
(20) Assess the adequacy of existing ground water research 
and determine future ground water research needs. 
(21) Assess the roles of State, local, and Federal Governments 
in managing ground water quality. 
(cXl) The Commission shall be composed of nineteen members as 
follows: 
(A) six appointed by the Speaker of the United States House 
of Representatives from among the Members of the House of 
Representatives, two of whom shall be members of the C!ommit-
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3291 
tee on Energy and Commerce, two of whom shall be members of 
the Committee on Public Works and Transportation, and two of 
whom shall be members of the Committee on Interior and 
Insular Affairs; 
(B) four appointed by the majority leaders of the United States 
Senate from among the Members of the United States Senate; 
(C) eight appointed by the President as follows: 
(i) four from among a list of nominations submitted to 
the President by the National Governors Association, two of 
whom shall be representatives of ground water appropria-
tion States and two of whom shall be representatives of 
ground water riparian States; 
(ii) one from among a list of nominations submitted to the 
President by the National League of Cities and the United 
States Conference of Mayors; 
(iii) one from among a list of nominations submitteKi to 
the President by the National Academy of Science; 
(iv) one from among a list of nominations submitted to 
the President by groups, organizations, or associations of 
industries the activities of which may affect ground water; 
and 
(v) one from among a list of nominations submitted to the 
President from groups, organizations, or associations of 
citizens which are representative of persons concerned with 
pollution and environmental issues and which have partici-
pated, at the State or Federal level, in studies, administra-
tive proceedings, or litigation (or any combination thereof) 
relating to ground water; and 
(D) the Director of the Office of Technology Assessment. 
A vacancy in the Commission shall be filled in the manner in which 
the original appointment was made. Appointments may be made 
under this subsection without regard to section 5311(b) of title 5, 
United States Code. Not more than three of the six members 
appointed under subparagraph (A) and not more than two of the 
four members appointed under subparagraph (B) may be of the same 
political party. No member appointed under paragraph (C) may be 
an officer or employee of the Federal Government. 
(2) If any member of the Commission who was appointed to the 
Commission as a Member of the Congress leaves that office, or if any 
member of the Commission who was appointed from persons who 
are not officers or employees of any government becomes an officer 
or employee of a government, he may continue as a member of the 
Commission for not longer than the ninety-day period beginning on 
the date he leaves that office or becomes such an officer or 
employee, as the case may be. 
(3) Members shall be appointed for the life of the Commission 
(4XA) Except as provided in subparagraph (B), members of the 
Commission shall each be entitled (subject to appropriations pro-
vided in advance) to receive the daily equivalent of the maximum 
annual rate of basic pay in effect for grade GS-18 of the General 
Schedule for each day (including travel time) during which they are 5 USC 5332 
engaged in the actued performance of duties vested in the Commis- note. 
sion. While away from their homes or regular places of business in 
the performance of services for the Commission, members of the 
Commission shall be allowed travel expenses, including per diem in 
lieu of subsistence, in the same manner as persons employed inter-
98 STAT. 3292 
PUBLIC LAW 98-616—NOV. 8, 1984 
mittently in Government service are allowed expenses under section 
5703 of title 5 of the United States Code. 
(B) Members of the Commission who are Members of the Congress 
shall receive no additional pay, allowances, or benefits by reason of 
their service on the Commission. 
(5) Five members of the Commission shall constitute a quorum but 
two may hold hearings. 
(6) The Chairman of the Commission shall be appointed by the 
Speaker of the House of Representatives from among members 
appointed under paragraph (1)(A) of this subsection and the Vice 
Chairman of the Commission shall be appointed by the majority 
leader of the Senate from among members appointed under para-
graph (1)(B) of this subsection. The Chairman and the Vice Chair-
man of the Commission shall serve for the life of the Commission 
unless they cease to be members of the Commission before the 
termination of the Commission. 
(7) The Commission shall meet at the call of the Chairman or a 
majority of its members. 
(d)(1) The Commission shall have a Director who shall be 
appointed by the Chairman, without regard to section 5311(b) of title 
5, United States Code. 
(2) The Chairman may appoint and fix the pay of such additional 
personnel as the Chairman considers appropriate. 
(3) With the approval of the Commission, the Chairman may 
procure temporary and intermittent services under section 3109(b) 
of title 5 of the United States Code. 
(4) The Commission shall request, and the Chief of Engineers and 
the Director of the Geological Survey are each authorized to detail, 
on a reimbursable basis, any of the personnel of their respective 
agencies to the Commission to assist it in carrying out its duties 
under this section. Upon request of the Commission, the head of any 
other Federal agency is authorized to detail, on a reimbursable 
basis, any of the personnel of such agency to the Commission to 
assist it in carrying out its duties under this section. 
(e)(1) The Commission may, for the purpose of carrying out this 
section, hold such hearings, sit and act at such times and places, 
take such testimony, and receive such evidence, £is the Commission 
considers appropriate. 
(2) Any member or agent of the Commission may, if so authorized 
by the Commission, take any action which the Commission is 
authorized to take by this section. 
(3) The Commission may use the United States mails in the same 
manner and under the same conditions as other departments and 
agencies of the United States. 
(4) The Administrator of General Services shall provide to the 
Commission on a reimbursable basis such administrative support 
services as the Commission may request. 
(5) The Commission may secure directly from any department or 
agency of the United States information necessary to enable it to 
carry out this section. Upon request of the Chairman of the Commis-
sion, the head of such department or agency shall furnish such 
information to the Commission. 
Report. 
(fKD The Commission shall transmit to the President and to each 
House of the Congress a report not later than October 30, 1986. The 
report shall contain a detailed statement of the findings and conclu-
sions of the Commission with respect to each item listed in subsec-
PUBLIC LAW 98-616—NOV. 8, 1984 
98 STAT. 3293 
tion (b), together with its recommendations for such legislation; and 
administrative actions, as it considers appropriate. 
(2) Not later than one year after the enactment of the Hazardous 
and Solid Waste Amendments of 1984, the Commission shall com-
plete a preliminary study concerning ground water contamination 
from hazardous and other solid waste and submit to the President 
and to the Congress a report containing the findings and conclusions 
of such preliminary study. The study shall be continued thereafter, 
and final findings and conclusions shall be incorporated as a sepa-
rate chapter in the report required under paragraph (1). The prelim-
inary study shall include an analysis of the extent of ground v/ater 
contamination caused by hazardous and other solid waste, the re-
gions and major water supplies most significantly affected by such 
contamination, and any recommendations of the Commission for 
preventive or remedial measures to protect human health and the 
environment from the effects of such contamination. 
(g) The Commission shall cease to exist on January 1, 1987. 
(h) Nothing in this section and no recommendation of the Commis-
sion shall affect any rights to quantities of water established under 
State law, interstate compact, or Supreme Court decree. 
(i) There is authorized to be appropriated for the fiscal years 1985 
through 1987 not to exceed $7,000,000 to carry out this section. 
Approved November 8, 1984. 
Study. 
Report. 
Termination. 
Appropriation 
authorization. 
LEGISLATIVE HISTORY—H.R. 2867: 
HOUSE REPORTS: No. 98-198, Pts. 1 and 2 (Comm. on Energy and Commerce), Ft. 3 
(Comm. on the Judiciary) and No. 98-1133 (Comm. of Conference). 
CONGRESSIONAL RECORD: 
Vol. 129 (1983): Aug. 4, Oct. 6, 31, Nov. 3, considered and passed House. 
Vol. 130 (1984): July 25, considered and passed Senate, amended. 
Oct. 3, House agreed to conference report. 
Oct. 5, Senate agreed to conference report.