Medical Waste Tracking Act of 1988
PL 100-582 (H.R.3515), enacted 11/01/1988

102 STAT. 2950 
PUBLIC LAW 100-582—NOV. 1, 1988 
Public Law 100-582 
100th Congress 
An Act 
Nov. 1, 1988 
[H.R. 3515] 
Medical Waste 
Tracking Act of 
1988. 
Safety. 
State and local 
governments. 
42 u s e 6901 
note. 
42 u s e 6992. 
State listing. 
Regulations. 
To amend the Solid Waste Disposal Act to require the Administrator of the Environ-
mental Protection Agency to promulgate regulations on the management of infec-
tious waste. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the 
1988". 
'Medical Waste Tracking Act of 
SEC. 2. TRACKING OF MEDICAL WASTE. 
(a) AMENDMENT OF SOLID WASTE DISPOSAL ACT.—The Solid Waste 
Disposal Act is amended by adding the following new subtitle at the 
end: 
"Subtitle J—Demonstration Medical Waste Tracking Program 
"SEC. 11001. SCOPE OF DEMONSTRATION PROGRAM FOR MEDICAL WASTE. 
"(a) COVERED STATES.—The States within the demonstration pro-
gram established under this subtitle for tracking medical wastes 
shall be New York, New Jersey, Connecticut, the States contiguous 
to the Great Lakes and any State included in the program through 
the petition procedure described in subsection (c), except for any of 
such States in which the Governor notifies the Administrator under 
subsection (b) that such State shall not be covered by the program. 
"(b) OPT OUT.—(1) If the Governor of any State covered under 
subsection (a) which is not contiguous to the Atlantic Ocean notifies 
the Administrator that such State elects not to participate in the 
demonstration program, the Administrator shall remove such State 
from the program. 
"(2) If the Governor of any other State covered under subsection 
(a) notifies the Administrator that such State has implemented a 
medical waste tracking program that is no less stringent than the 
demonstration program under this subtitle and that such State 
elects not to participate in the demonstration program, the Adminis-
trator shall, if the Administrator determines that such State pro-
gram is no less stringent than the demonstration program under 
this subtitle, remove such State from the demonstration program. 
"(3) Notifications under paragraphs (1) or (2) shall be submitted to 
the Administrator no later than 30 days after the promulgation of 
regulations implementing the demonstration program under this 
subtitle. 
"(c) PETITION IN.—The Governor of any State may petition the 
Administrator to be included in the demonstration program and the 
Administrator may, in his discretion, include any such State. Such 
petition may not be made later than 30 days after promulgation of 
regulations establishing the demonstration program under this sub-
PUBLIC LAW 100-582—NOV. 1, 1988 
102 STAT. 2951 
title, and the Administrator shall determine whether to include the 
State within 30 days after receipt of the State's petition. 
"(d) EXPIRATION OF DEMONSTRATION PROGRAM.—The demonstra-
tion program shall expire on the date 24 months after the effective 
date of the regulations under this subtitle. 
"SEC. 11002. LISTING OF MEDICAL WASTES. 
42 USC 6992a. 
"(a) LIST.—Not later than 6 months after the enactment of this Regulations. 
subtitle, the Administrator shall promulgate regulations listing the 
tjrpes of medical waste to be tracked under the demonstration 
program. Except as provided in subsection (b), such list shall in-
clude, but need not be limited to, each of the following types of solid 
waste: 
"(1) Cultures and stocks of infectious agents and associated 
biologicals, including cultures from medical and pathological 
laboratories, cultures and stocks of infectious agents from re-
search and industrial laboratories, wastes from the production 
of biologicals, discarded live and attenuated vaccines, and cul-
, 
ture dishes and devices used to transfer, inoculate, and mix 
cultures. 
"(2) Pathological wastes, including tissues, organs, and body 
parts that are removed during surgery or autopsy. 
"(3) Waste human blood and products of blood, including 
serum, plasma, and other blood components. 
"(4) Sharps that have been used in patient care or in medical, 
research, or industrial laboratories, including hypodermic nee-
dles, syringes, pasteur pipettes, broken glass, and scalpel blades. 
"(5) Contaminated animal carcasses, body parts, and bedding 
of animals that were exposed to infectious agents during re-
search, production of biologicals, or testing of pharmaceuticals. 
"(6) Wastes from surgery or autopsy that were in contact with 
infectious agents, including soiled dressings, sponges, drapes, 
lavage tubes, drainage sets, underpads, and surgical gloves. 
"(7) Laboratory wastes from medical, pathological, pharma-
ceutical, or other research, commercial, or industrial labora-
tories that were in contact with infectious agents, including 
slides and cover slips, disposable gloves, laboratory coats, and 
aprons. 
"(8) Dialysis wastes that were in contact with the blood of 
patients unde^oing hemodialysis, including contaminated 
disposable equipment and supplies such as tubing, filters, 
disposable sheets, towels, gloves, aprons, and laboratory coats. 
"(9) Discarded medical equipment and parts that were in 
contact with infectious agents. 
"(10) Biological waste and discarded materials contaminated 
with blood, excretion, excudates or secretion from human beings 
or animals who are isolated to protect others from commu-
nicable diseases. 
"(11) Such other waste material that results from the 
- administration of medical care to a patient by a health care 
provider and is found by the Administrator to pose a threat to 
human health or the environment. 
"(h) EXCLUSIONS FROM LIST.—The Administrator may exclude 
from the list under this section any cat^ories or items described in 
paragraphs (6) through (10) of subsection (a) which he determines do 
not pose a substantiad present or potential hazard to human health 
102 STAT. 2952 
PUBLIC LAW 100-582—NOV. 1, 1988 
or the environment when improperly treated, stored, transported, 
disposed of, or otherwise managed. 
42 use 6992b. 
"SEC. 11003 TRACKING OF MEDICAL WASTE. 
Regulations. 
"(a) DEMONSTRATION PROGRAM.—Not later than 6 months after 
the enactment of this subtitle, the Administrator shall promulgate 
regulations establishing a program for the tracking of the medical 
waste listed in section 11002 which is generated in a State subject to 
the demonstration program. The program shall (1) provide for track-
ing of the transportation of the waste from the generator to the 
disposal facility, except that waste that is incinerated need not be 
tracked after incineration, (2) include a system for providing the 
generator of the waste with assurance that the waste is received 
by the disposal facility, (3) use a uniform form for tracking in 
each of the demonstration States, and (4) include the following 
requirements: 
"(A) A requirement for segregation of the waste at the point 
of generation where practicable. 
"(B) A requirement for placement of the waste in containers 
that will protect waste handlers and the public from exposure. 
"(C) A requirement for appropriate labeling of containers of 
the waste. 
"(b) SMALL QUANTITIES.—In the program under subsection (a), the 
Administrator may establish an exemption for generators of small 
quantities of medical waste listed under section 11002, except that 
the Administrator may not exempt from the program any person 
who, or facility that, generates 50 pounds or more of such waste in 
any calendar month. 
Records. 
"(c) ON-SITE INCINERATORS.—Concurrently with the promulgation 
of regulations under subsection (a), the Administrator shall promul-
gate a recordkeeping and reporting requirement for any generator 
in a demonstration State of medical waste listed in section 11002 
that (1) incinerates medical waste listed in section 11002 on site and 
(2) does not track such waste under the regulations promulgated 
Reports. 
under subsection (a). Such requirement shall require the generator 
to report to the Administrator on the volume and types of medical 
waste listed in section 11002 that the generator incinerated on site 
during the 6 months following the effective date of the requirements 
of this subsection. 
"(d) TYPE OF MEDICAL WASTE AND TYPES OF GENERATORS.—For 
each of the requirements of this section, the regulations may vary 
for different types of medical waste and for different types of 
medical waste generators. 
42 u s e 6992c. 
"SEC. 11004. INSPECTIONS. 
Records. 
"(a) REQUIREMENTS FOR AccESS.—For purposes of developing or 
assisting in the development of any r^ulation or report under this 
subtitle or enforcing any provision of this subtitle, any person who 
generates, stores, treats, transports, disposes of, or otherwise han-
dles or has handled medical waste shall, upon request of any officer, 
employee, or representative of the Environmental Protection 
Agency duly designated by the Administrator, furnish information 
relating to such waste, including any tracking forms required to be 
maintained under section 11003, conduct monitoring or testing, and 
permit such person at all reasonable times to have access to, and to 
copy, all records relating to such waste. For such purposes, such 
officers, employees, or representatives are authorized to— 
PUBLIC LAW 100-582—NOV. 1, 1988 
102 STAT. 2953 
"(1) enter at reasonable times any establishment or other 
place where medical wastes are or have been generated, stored, 
treated, disposed of, or transported from; 
"(2) conduct monitoring or testing; and 
"(3) inspect and obtain samples from any person of any such 
wastes and samples of any containers or labeling for such 
wastes. 
"(b) PROCEDURES.—Each inspection under this, section shall be 
commenced and completed with reasonable promptness. If the offi-
cer, employee, or representative obtains any samples, prior to leav-
ing the premises he shall give to the owner, operator, or agent in 
charge a receipt describing the sample obtained and, if requested, a 
portion of each such sample equal in volume or weight to the 
portion retained if giving such an equal portion is feasible. If any 
analysis is made of such samples, a copy of the results of such 
analysis shall be furnished promptly to the owner, operator, or 
agent in charge of the premises concerned. 
"(c) AVAILABILITY TO PUBLIC.—The provisions of section 3007(b) of 
this Act shall apply to records, reports, and information obtained 
under this section in the same manner and to the same extent as 
such provisions apply to records, reports, and information obtained 
under section 3007. 
"SEC. 11005. ENFORCEMENT. 
42 USC 6992d. 
"(a) COMPLIANCE ORDERS.— 
"(1) VIOLATIONS.—Whenever on the basis of any information 
the Administrator determines that any person has violated, or 
is in violation of, any requirement or prohibition in effect under 
this subtitle (including any requirement or prohibition in effect 
under regulations under this subtitle) (A) the Administrator 
may issue an order (i) assessing a civil penalty for any peist or 
current violation, (ii) requiring compliance immediately or 
within a specified time period, or (iii) both, or (B) the Adminis-
trator may commence a civil action in the United States district 
court in the district in which the violation occurred for appro-
priate relief, including a temporary or permanent injunction. 
Any order issued pursuant to this subsection shall state with 
reasonable specificity the nature of the violation. 
"(2) ORDERS ASSESSING PENALTIES.—Any penalty assessed in 
an order under this subsection shall not exceed $25,000 per day 
of noncompliance for each violation of a requirement or prohibi-
tion in effect under 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) PUBLIC HEARING.—Any order issued under this subsection 
shall become final unless, not later than 30 days after issuance 
of the order, the persons named therein request a public hear-
ing. Upon such request, the Administrator shall promptly con-
duct a public hearing. In connection with any proceeding under 
this section, the Administrator may issue subpoenas for the 
production of relevant papers, books, and documents, and may 
promulgate rules for discovery procedures. 
"(4) VIOLATION OF COMPUANCE ORDERS.—In the case of an 
order under this subsection requiring compliance with any 
requirement of or regulation under this subtitle, if a violator 
fails to take corrective action within the time specified in an 
102 STAT. 2954 
PUBLIC LAW 100-582—NOV. 1, 1988 
order, the Administrator may assess a civil penalty of not more 
than $25,000 for each day of continued noncompliance with the 
order. 
"(b) CRIMINAL PENALTIES.—Any person who— 
"(1) knowingly violates the requirements of or regulations 
under this subtitle; 
"(2) knowingly omits material information or makes any false 
material statement or representation in any label, record, 
report, or other document filed, maintained, or used for pur-
poses of compliance with this subtitle or regulations thereunder; 
or 
"(3) knowingly generates, stores, treats, transports, disposes 
of, or otherwise handles any medical waste (whether such activ-
ity took place before or takes place after the date of the enact-
ment of this paragraph) and who knowingly destroys, alters, 
conceals, or fails to file any record, report, or other document 
required to be maintained or filed for purposes of compliance 
with this subtitle or regulations thereunder 
shall, upon conviction, be subject to a fine of not more than $50,000 
for each day of violation, or imprisonment not to exceed 2 years (5 
years in the case of a violation of paragraph (1)). If the conviction is 
for a violation committed after a first conviction of such person 
under this paragraph, the maximum punishment under the respec-
tive paragraph shall be doubled with respect to both fine and 
imprisonment. 
"(c) KNOWING ENDANGERMENT.—Any person who knowingly vio-
lates any provision of subsection (b) who knows at that time that he 
thereby places another person in imminent danger of death or 
serious bodily injury, shall upon conviction be subject to a fine of not 
more than $250,000 or imprisonment for not more than 15 years, or 
both. A defendant that is an organization shall, upon conviction 
under this subsection, be subject to a fine of not more than 
$1,000,000. The terms of this paragraph shall be interpreted in 
accordance with the rules provided under section 3008(f) of this Act. 
"(d) CIVIL PENALTIES.—Any person who violates any requirement 
of or regulation under this subtitle shall be liable to the United 
States for a civil penalty in an amount not to exceed $25,000 for each 
such violation. Each day of such violation shall, for purposes of this 
section, constitute a separate violation. 
"(e) CIVIL PENALTY POLICY.—Civil penalties assessed by the United 
States or by the States under this subtitle shall be assessed in 
accordance with the Administrator's 'RCRA Civil Penalty Policy', as 
such policy may be amended from time to time. 
42 u s e 6992e. 
"SEC. 11006. FEDERAL FACILITIES. 
enforcement and 
"(^) IN GENERAL.—Each department, agency, and instrumentality 
crime. 
of the executive, legislative, and judicial branches of the Federal 
Government in a demonstration State (1) having jurisdiction over 
any solid waste management facility or disposal site at which 
medical waste is disposed of or otherwise handled, or (2) engaged in 
any activity resulting, or which may result, in the disposal, manage-
ment, or handling of medical waste shall be subject to, and comply 
with, all Federal, State, interstate, and local requirements, both 
substantive and procedural (including any requirement for permits 
or reporting or any provisions for injunctive relief and such sanc-
tions as may be imposed by a court to enforce such relief), respecting 
control and abatement of medical waste disposal and management 
PUBLIC LAW 100-582—NOV. 1, 1988 
102 STAT. 2955 
in the same manner, and to the same extent, as any person is 
subject to such requirements, including the payment of reasonable 
service charges. The Federal, State, interstate, and local substantive 
and procedural requirements referred to in this subsection include, 
but are not limited to, all administrative orders, civil, criminal, and 
administrative penalties, and other sanctions, including injunctive 
relief, fines, and imprisonment. Neither the United States, nor any 
agent, employee, or officer thereof, shall be immune or exempt from 
any process or sanction of any State or Federal court with respect to 
the enforcement of any such order, penalty, or other sanction. For 
purposes of enforcing any such substantive or procedural require-
ment (including, but not limited to, any injunctive relief, adminis-
trative order, or civil, criminal, administrative penalty, or other 
sanction), against any such department, agency, or instrumentality, 
the United States hereby expressly waives any immunity otherwise 
applicable to the United States. The President may exempt any 
department, agency, or instrumentality in the executive branch 
from compliance with such a requirement if he determines it to be 
in the paramount interest of the United States to do so. No such 
exemption shall be granted due to lack of appropriation unless the 
President shall have specifically requested such appropriation as a 
part of the budgetary process and the Congress shall have failed to 
make available such requested appropriation. Any exemption shall 
be for a period not in excess of one year, but additional exemptions 
may be granted for periods not to exceed one year upon the Presi-
dent's making a new determination. The President shall report each President of U.S. 
January to the Congress all exemptions from the requirements of Reports. 
this section granted during the preceding calendar year, together 
with his reason for granting each such exemption. 
"(b) DEFINITION OF PERSON.—For purposes of this Act, the term 
'person' shall be treated as including each department, agency, and 
instrumentality of the United States. 
"SEC. 11007. RELATIONSHIP TO STATE LAW. 
42 USC 6992f. 
"(a) STATE INSPECTIONS AND ENFORCEMENT.—A State may conduct 
inspections under 11004 and take enforcement actions under section 
11005 against any person, including any person who has imported 
medical waste into a State in violation of the requirements of, or 
r^ulations under, this subtitle, to the same extent as the Adminis-
trator. At the time a State initiates an enforcement action under 
section 11005 against any person, the State shall notify the Adminis-
trator in writing. 
"(b) RETENTION OF STATE AUTHORITY.—Nothing in this subtitle 
shall— 
"(1) preempt any State or local law; or 
"(2) except as provided in subsection (c), otherwise affect any 
State or local law or the authority of any State or local govern-
ment to adopt or enforce any State or local law. 
"(c) STATE FORMS.—Any State or local law which requires submis-
sion of a tracking form from any person subject to this subtitle shall 
require that the form be identical in content and format to the form 
required under section 11003, except that a State may require the 
submission of other tracking information which is supplemental to 
the information required on the form required under section 11003 
through additional sheets or such other means as the State deems 
appropriate. 
102 STAT. 2956 
PUBLIC LAW 100-582—NOV. 1, 1988 
42 use 6992g. 
"SEC. 11008. REPORT TO CONGRESS. 
"(a) FINAL REPORT.—Not later than 3 months after the expiration 
of the demonstration program, the Administrator shall report to 
Congress on the following topics: 
"(1) The types, number, and size of generators of medical 
waste (including small quantity generators) in the United 
States, the types and amounts of medical waste generated, and 
the on-site and off-site methods currently used to handle, store, 
transport, treat, and dispose of the medical waste, including the 
extent to which such waste is disposed of in sewer systems. 
"(2) The present or potential threat to human health and 
the environment posed by medical waste or the incineration 
thereof. 
"(3) The present and potential costs (A) to local economies, 
persons, and the environment from the improper handling, 
storage, transportation, treatment or disposal of medical waste 
and (B) to generators, transporters, and treatment, storage, and 
disposal facilities from regulations establishing requirements 
for tracking, handling, storage, transportation, treatment, and 
disposal of medical waste. 
"(4)(A) The success of the demonstration program established 
under this subtitle in tracking medical waste, 
"(B) changes in incineration and storage practices attrib-
utable to the demonstration program, and 
"(C) other available and potentially available methods for 
tracking medical waste and their advantages and disadvan-
tages, including the advantages and disadvantages of extending 
tracking requirements to (i) rural areas and (ii) small quantity 
generators. 
"(5) Available and potentially available methods for handling, 
storing, transporting, and disposing of medical waste and their 
advantages and disadvantages. 
"(6) Available and potentially available methods for treating 
medical waste, including the methods of incineration, steriliza-
tion, chemical treatment, and grinding, and their advantages, 
including their ability to render medical waste noninfectious or 
less infectious, and unrecognizable and otherwise protect 
human health and the environment, and disadvantages. 
"(7) Factors affecting the effectiveness of the treatment meth-
ods identified in subsection (a)(5), including quality control and 
quality assurance procedures, maintenance procedures, and op-
erator training. 
"(8) Existing State and local controls on the handling, storage, 
transportation, treatment, and disposal of medical waste, 
including the enforcement and regulatory supervision thereof. 
"(9) The appropriateness of using any existing State require-
ments or the requirements contained in subtitle C as nation-
wide requirements to monitor and control medical waste. 
"(10) The appropriateness of the penalties provided in section 
11006 for insuring compliance with the requirements of this 
subtitle, including a review of the level of penalties imposed 
under this subtitle. 
"(11)(A) The effect of excluding households and small quantity 
generators from any regulations governing the handling, stor-
age, transportation, treatment, and disposal of medical waste, 
and 
PUBLIC LAW 100-582—NOV. 1, 1988 
102 STAT. 2957 
"(B) potential guidelines for the handling, storage, treatment, 
and disposal of medical waste by households and small quantity 
generators. 
"(12) Available and potentially available methods for the 
reuse or reduction of the volume of medical waste generated. 
"(b) INTERIM REPORTS.—The Administrator shall submit two in-
terim reports to Congress on the topics listed in subsection (a). The 
interim reports shall contain the information on the topics available 
to the Administrator at the time of submission. One interim report 
shall be due 9 months after enactment of this subtitle and one shall 
be due 12 months after the effective date of regulations under this 
subtitle. 
"(c) CONSULTATION.—In preparing the reports under this section, 
the Administrator shall consult with appropriate State and local 
agencies. 
"SEC. 11009. HEALTH IMPACTS REPORT. 
42 USC 6992h. 
"Within 24 months after the enactment of this section, the 
Administrator of the Agency for Toxic Substances and Disease 
Registry shall prepare for Congress a report on the health effects of 
medical waste, including each of the following— 
"(1) A description of the potential for infection or injury from 
the segregation, handling, storage, treatment, or disposal of 
medical wastes. 
"(2) An estimate of the number of people injured or infected 
annually by sharps, and the nature and seriousness of those 
injuries or infections. 
"(3) An estimate of the number of people infected annually by 
other means related to waste segregation, handling, storage, 
treatment, or disposal, and the nature and seriousness of those 
infections. 
"(4) For diseases possibly spread by medical waste, including 
Acquired Immune Deficiency Syndrome and hepatitis B, an 
estimate of what percentage of the total number of cases nation-
ally may be traceable to medical wastes. 
"SEC. 11010. GENERAL PROVISIONS. 
42 USC 69921. 
"(a) CONSULTATION.—(1) In promulgating regulations under this 
subtitle, the Administrator shall consult with the affected States 
and may consult with other interested parties. 
"(2) The Administrator shall also consult with the International 
Canada. 
Joint Commission to determine how to monitor the disposal of 
medical waste emanating from Canada. 
"(b) PuBuc COMMENT.—In the case of the regulations required by 
this subtitle to be promulgated within 9 months after the enactment 
of this subtitle, the Administrator may promulgate such regulations 
in interim final form without prior opportunity for public comment, 
but the Administrator shall provide an opportunity for public com-
ment on the interim final rule. The promulgation of such regula-
tions shall not be subject to the Paperwork Reduction Act of 1980. 
"(c) RELATIONSHIP TO SUBTITLE C.—Nothing in this subtitle shall 
affect the authority of the Administrator to regulate medical waste, 
including medical waste listed under section 11002, under subtitle C 
of this Act. 
102 STAT. 2958 
PUBLIC LAW 100-582—NOV. 1, 1988 
42 u s e 6992J. 
"SEC. 11011. EFFECTIVE DATE. 
"The r^^latlons promulgated under this subtitle shall take effect 
within 90 days after promulgation, except that, at the time of 
promulgation, the Administrator may provide for a shorter period 
prior to the effective date if he finds the regulated community does 
not need 90 days to come into compliance. 
42 u s e 6992k. 
"SEC. 11012. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to the Administrator 
such sums as may be necessary for each of the fiscal years 1989 
through 1991 for purposes of carrying out activities under this 
subtitle.". 
0>) TABLE OF CONTENTS.—The table of contents for the Solid Waste 
Disposal Act is amended by inserting the following after the items 
relating to subtitle I: 
"Subtitle J—Demonstration Medical Waste Tracking Program 
"Sec. IIOOI. Scope of demonstration program for medical waste. 
"Sec. 11002. Listing of medical wastes. 
"Sec. 11003. Tracking of medical waste. 
"Sec. 11004. Inspections. 
"Sec. 11005. Enforcement. 
"Sec. 11006. Federal facilities. 
"Sec. 11007. Relationship to State law. 
"Sec. 11008. Report to Congress. 
"Sec. 11009. Health impact report. 
"Sec. 11010. General provisions. 
"Sec. 11011. Effective date. 
"Sec. 11012. Authorization of appropriations.". 
SEC. 3. DEFINITION. 
Section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) is 
amended by adding the following at the end thereof: 
"(40) Except as otherwise provided in this paragraph, the term 
'medical waste' means any solid waste which is generated in the 
diagnosis, treatment, or immunization of human beings or animals, 
in research pertaining thereto, or in the production or testing of 
biol(^caIs. Such term does not include any hazardous waste identi-
fied or listed under subtitle C or any household waste as defined in 
r^ulations under subtitle C". 
SEC. 4. EPA LAW ENFORCEMENT POWERS. 
(a) CONFERRAL OF LAW ENFORCEMENT POWERS.—Chapter 203 of 
title 18, United States CJode, is amended by adding at the end the 
following: 
"§ 3063. Powers of Environmental Protection Agency 
"(a) Upon designation by the Administrator of the Environmental 
Protection Agency, any law enforcement officer of the Environ-
mental Protection Agency with responsibility for the investigation 
of criminal violations of a law administered by the Environmental 
Protection Agency, may— 
"(1) carry firearms; 
"(2) execute and serve any warrant or other processes issued 
under the authority of the United States; and 
"(3) make arrests without warrant for— 
"(A) any offense against the United States committed in 
such officer's presence; or 
PUBLIC LAW 100-582—NOV. 1, 1988 
102 STAT. 2959 
"(B) any felony offense against the United States if such 
officer has probable cause to believe that the person to 
be arrested has committed or is committing that felony 
offense. 
"(b) The powers granted under subsection (a) of this section shall 
be exercised in accordance with guidelines approved by the Attorney 
General.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 203 of title 18, United States Code, is amended by adding 
at the end the following: 
"3063. Powers of Environmental Protection Agency.". 
Approved November 1, 1988. 
LEGISLATIVE HISTORY—H.R. 3515: 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Oct. 4, 6, considered and passed House. 
Oct. 7, considered and passed Senate, amended. 
Oct. 12, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Nov. 2, Presidential statement.