---
kind: "range"
citation: "42 U.S.C. §§ 6901–6987"
title: "42"
from: "6901"
to: "6987"
count: 92
release: "119-102"
url: "https://uscodex.org/usc/42/6901..6987"
---

# §6901. Congressional findings

- (a) **Solid waste—** The Congress finds with respect to [solid waste](/usc/42/6903.md?p=27)—
  - (1) that the continuing technological progress and improvement in methods of [manufacture](/usc/42/300aa–33.md?p=3), packaging, and marketing of [consumer products](/usc/42/6311.md?p=7) has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products;
  - (2) that the economic and population growth of our Nation, and the improvements in the [standard](/usc/42/1320d.md?p=7) of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old [buildings](/usc/42/6881.md?p=i-3), the [construction](/usc/42/6903.md?p=2) of new [buildings](/usc/42/6881.md?p=i-3), and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials;
  - (3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the [disposal](/usc/42/6903.md?p=3) of [solid wastes](/usc/42/6903.md?p=27) resulting from the industrial, commercial, domestic, and other activities carried on in such areas;
  - (4) that while the collection and [disposal](/usc/42/6903.md?p=3) of [solid wastes](/usc/42/6903.md?p=27) should continue to be primarily the function of [State](/usc/42/6903.md?p=31), regional, and local agencies, the problems of waste [disposal](/usc/42/6903.md?p=3) as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, [demonstration](/usc/42/6903.md?p=2A), and application of new and improved methods and processes to reduce the amount of waste and unsalvage­able materials and to provide for proper and economical [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3) [practices](/usc/42/17061.md?p=19).
- (b) **Environment and health—** The Congress finds with respect to the environment and health, that—
  - (1) although land is too valuable a national resource to be needlessly polluted by discarded materials, most [solid waste](/usc/42/6903.md?p=27) is disposed of on land in [open dumps](/usc/42/6903.md?p=14) and [sanitary landfills](/usc/42/6903.md?p=26);
  - (2) [disposal](/usc/42/6903.md?p=3) of [solid waste](/usc/42/6903.md?p=27) and [hazardous waste](/usc/42/6903.md?p=5) in or on the land without careful planning and management can present a danger to human health and the environment;
  - (3) as a result of the Clean Air Act [[42 U.S.C. 7401](/usc/42/7401.md) et seq.], the Water Pollution Control Act [[33 U.S.C. 1251](/usc/33/1251.md) et seq.], and other Federal and [State](/usc/42/6903.md?p=31) laws respecting public health and the environment, greater amounts of [solid waste](/usc/42/6903.md?p=27) (in the form of [sludge](/usc/42/6903.md?p=26A) and other pollution [treatment](/usc/42/6903.md?p=34) residues) have been created. Similarly, inadequate and environmentally unsound [practices](/usc/42/17061.md?p=19) for the [disposal](/usc/42/6903.md?p=3) or use of [solid waste](/usc/42/6903.md?p=27) have created greater amounts of air and water pollution and other problems for the environment and for health;
  - (4) open dumping is particularly harmful to health, contaminates drinking water from underground and surface supplies, and pollutes the air and the land;
  - (5) the placement of inadequate controls on [hazardous waste management](/usc/42/6903.md?p=7) will result in substantial risks to human health and the environment;
  - (6) if [hazardous waste management](/usc/42/6903.md?p=7) is improperly performed in the first instance, corrective action is likely to be expensive, complex, and time consuming;
  - (7) certain classes of land [disposal](/usc/42/6903.md?p=3) [facilities](/usc/42/11049.md?p=4) are not capable of assuring long-term containment of certain [hazardous wastes](/usc/42/6903.md?p=5), and to avoid substantial risk to human health and the environment, reliance on land [disposal](/usc/42/6903.md?p=3) should be minimized or eliminated, and land [disposal](/usc/42/6903.md?p=3), particularly landfill and surface impoundment, should be the least favored method for managing [hazardous wastes](/usc/42/6903.md?p=5); and
  - (8) alternatives to existing methods of land [disposal](/usc/42/6903.md?p=3) must be developed since many of the [cities](/usc/42/12902.md?p=11) in the [United States](/usc/42/403.md?p=k) will be running out of suitable [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3) sites within five years unless immediate action is taken.
- (c) **Materials—** The Congress finds with respect to materials, that—
  - (1) millions of tons of [recoverable](/usc/42/6903.md?p=18) material which could be used are needlessly buried each year;
  - (2) methods are available to separate usable materials from [solid waste](/usc/42/6903.md?p=27); and
  - (3) the recovery and conservation of such materials can reduce the dependence of the [United States](/usc/42/403.md?p=k) on foreign resources and reduce the deficit in its balance of payments.
- (d) **Energy—** The Congress finds with respect to [energy](/usc/42/6311.md?p=7), that—
  - (1) [solid waste](/usc/42/6903.md?p=27) represents a potential source of solid fuel, oil, or gas that can be converted into [energy](/usc/42/6311.md?p=7);
  - (2) the need exists to develop alternative [energy](/usc/42/6311.md?p=7) sources for public and private consumption in order to reduce our dependence on such sources as petroleum products, natural gas, nuclear and hydroelectric generation; and
  - (3) technology exists to produce usable [energy](/usc/42/6311.md?p=7) from [solid waste](/usc/42/6903.md?p=27).

# §6901a. Congressional findings: used oil recycling


The Congress finds and declares that—

- (1) [used oil](/usc/42/6903.md?p=36) is a valuable source of increasingly scarce [energy](/usc/42/6311.md?p=7) and materials;
- (2) technology exists to re-refine, reprocess, reclaim, and otherwise recycle [used oil](/usc/42/6903.md?p=36);
- (3) [used oil](/usc/42/6903.md?p=36) constitutes a threat to public health and the environment when reused or disposed of improperly; and

that, therefore, it is in the national interest to recycle [used oil](/usc/42/6903.md?p=36) in a manner which does not constitute a threat to public health and the environment and which conserves [energy](/usc/42/6311.md?p=7) and materials.


# §6902. Objectives and national policy

- (a) **Objectives—** The objectives of this chapter are to promote the protection of health and the environment and to conserve valuable material and [energy](/usc/42/6311.md?p=7) resources by—
  - (1) providing technical and financial assistance to [State](/usc/42/6903.md?p=31) and [local governments](/usc/42/8401a.md) and [interstate agencies](/usc/42/6903.md?p=10) for the development of [solid waste management](/usc/42/6903.md?p=28) plans (including [resource recovery](/usc/42/6903.md?p=22) and [resource conservation](/usc/42/6903.md?p=21) systems) which will promote improved [solid waste management](/usc/42/6903.md?p=28) techniques (including more effective organizational arrangements), new and improved methods of collection, separation, and recovery of [solid waste](/usc/42/6903.md?p=27), and the environmentally safe [disposal](/usc/42/6903.md?p=3) of nonrecoverable residues;
  - (2) providing [training](/usc/42/285e–2.md?p=b-2) grants in occupations involving the design, operation, and maintenance of [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3) systems;
  - (3) prohibiting future open dumping on the land and requiring the conversion of existing [open dumps](/usc/42/6903.md?p=14) to [facilities](/usc/42/11049.md?p=4) which do not pose a danger to the environment or to health;
  - (4) assuring that [hazardous waste management](/usc/42/6903.md?p=7) [practices](/usc/42/17061.md?p=19) are conducted in a manner which protects human health and the environment;
  - (5) requiring that [hazardous waste](/usc/42/6903.md?p=5) 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](/usc/42/6903.md?p=5) and the land [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5) by encouraging process substitution, materials recovery, properly conducted recycling and reuse, and [treatment](/usc/42/6903.md?p=34);
  - (7) establishing a viable Federal-[State](/usc/42/6903.md?p=31) partnership to carry out the purposes of this chapter and insuring that the [Administrator](/usc/42/6903.md?p=1) will, in carrying out the provisions of subchapter III of this chapter, give a high priority to assisting and cooperating with [States](/usc/42/6903.md?p=31) in obtaining full [authorization](/usc/42/4370m.md?p=3) of [State](/usc/42/6903.md?p=31) [programs](/usc/42/274l–1.md?p=4) under subchapter III;
  - (8) providing for the promulgation of guidelines for [solid waste](/usc/42/6903.md?p=27) collection, transport, separation, recovery, and [disposal](/usc/42/6903.md?p=3) [practices](/usc/42/17061.md?p=19) and systems;
  - (9) promoting a national research and development [program](/usc/42/274l–1.md?p=4) for improved [solid waste management](/usc/42/6903.md?p=28) and [resource conservation](/usc/42/6903.md?p=21) techniques, more effective organizational arrangements, and new and improved methods of collection, separation, and recovery, and recycling of [solid wastes](/usc/42/6903.md?p=27) and environmentally safe [disposal](/usc/42/6903.md?p=3) of nonrecoverable residues;
  - (10) promoting the [demonstration](/usc/42/6903.md?p=2A), [construction](/usc/42/6903.md?p=2), and application of [solid waste management](/usc/42/6903.md?p=28), [resource recovery](/usc/42/6903.md?p=22), and [resource conservation](/usc/42/6903.md?p=21) systems which preserve and enhance the quality of air, water, and land resources; and
  - (11) establishing a cooperative effort among the Federal, [State](/usc/42/6903.md?p=31), and [local governments](/usc/42/8401a.md) and private enterprise in order to recover valuable materials and [energy](/usc/42/6311.md?p=7) from [solid waste](/usc/42/6903.md?p=27).
- (b) **National policy—** The Congress hereby declares it to be the national policy of the [United States](/usc/42/403.md?p=k) that, wherever feasible, the generation of [hazardous waste](/usc/42/6903.md?p=5) 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.

# §6903. Definitions


As used in this chapter:

- (1) The term “Administrator” means the Administrator of the Environmental Protection Agency.
- (2) The term “construction,” with respect to any [project](/usc/42/11360.md?p=20) of construction under this chapter, means (A) the erection or [building](/usc/42/6881.md?p=i-3) of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other [motor vehicles](/usc/42/13211.md?p=13), and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the [facility](/usc/42/11049.md?p=4) after completion of the [project](/usc/42/11360.md?p=20); and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the [project](/usc/42/11360.md?p=20), the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the [project](/usc/42/11360.md?p=20), and (C) the [inspection](/usc/42/4851b.md?p=12) and supervision of the process of carrying out the [project](/usc/42/11360.md?p=20) to completion.
- (2A) The term “demonstration” means the initial exhibition of a new technology process or practice or a significantly new combination or use of technologies, processes or [practices](/usc/42/17061.md?p=19), subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness.
- (3) The term “disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any [solid waste](#27) or [hazardous waste](#5) into or on any land or water so that such [solid waste](#27) or [hazardous waste](#5) or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.
- (4) The term “Federal agency” means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government [corporation](/usc/42/2296b–7.md?p=1), and the Government Publishing Office.
- (5) The term “hazardous waste” means a [solid waste](#27), or combination of [solid wastes](#27), which because of its quantity, concentration, or physical, chemical, or infectious characteristics may—
  - (A) [cause](/usc/42/9908.md?p=c-2), or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
  - (B) pose a substantial present or potential [hazard](/usc/42/5165f.md?p=a-3) to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
- (6) The term “hazardous waste generation” means the act or process of producing [hazardous waste](#5).
- (7) The term “hazardous waste management” means the systematic control of the collection, source separation, [storage](#33), transportation, processing, [treatment](#34), recovery, and [disposal](#3) of [hazardous wastes](#5).
- (8) For purposes of Federal financial assistance (other than rural communities assistance), the term “implementation” does not include the acquisition, leasing, [construction](#2), or [modification](/usc/42/7501.md?p=4) of [facilities](/usc/42/11049.md?p=4) or equipment or the acquisition, leasing, or improvement of land.
- (9) The term “intermunicipal agency” means an agency established by two or more [municipalities](#13) with responsibility for planning or administration of [solid waste](#27).
- (10) The term “interstate agency” means an agency of two or more [municipalities](#13) in different [States](#31), or an agency established by two or more [States](#31), with authority to provide for the management of [solid wastes](#27) and serving two or more [municipalities](#13) located in different [States](#31).
- (11) The term “long-term contract” means, when used in relation to [solid waste](#27) supply, a contract of sufficient duration to assure the viability of a [resource recovery facility](#24) (to the extent that such viability depends upon [solid waste](#27) supply).
- (12) The term “manifest” means the form used for identifying the quantity, composition, and the origin, routing, and destination of [hazardous waste](#5) during its transportation from the point of generation to the point of [disposal](#3), [treatment](#34), or [storage](#33).
- (13) The term “municipality” (A) means a [city](/usc/42/12902.md?p=11), town, borough, county, parish, district, or other public body created by or pursuant to [State](#31) law, with responsibility for the planning or administration of [solid waste management](#28), or an [Indian tribe](/usc/42/300f.md?p=14) or authorized [tribal organization](/usc/42/629a.md?p=a-6) or Alaska Native village or organization, and (B) includes any rural community or unincorporated town or village or any other public entity for which an application for assistance is made by a [State](#31) or political subdivision thereof.
- (14) The term “open dump” means any [facility](/usc/42/11049.md?p=4) or site where [solid waste](#27) is disposed of which is not a [sanitary landfill](#26) which meets the criteria promulgated under [section 6944 of this title](/usc/42/6944.md) and which is not a [facility](/usc/42/11049.md?p=4) for [disposal](#3) of [hazardous waste](#5).
- (15) The term “person” means an individual, [trust](/usc/42/12854.md?p=6), firm, joint stock company, [corporation](/usc/42/2296b–7.md?p=1) (including a government [corporation](/usc/42/2296b–7.md?p=1)), partnership, association, [State](#31), [municipality](#13), [commission](/usc/42/2000ff.md?p=1), political subdivision of a [State](#31), or any interstate body and shall include each department, agency, and instrumentality of the [United States](/usc/42/403.md?p=k).
- (16) The term “procurement item” means any device, good, substance, material, product, or other item whether real or personal property which is the subject of any purchase, barter, or other [exchange](/usc/42/300gg–91.md?p=d-21) made to procure such item.
- (17) The term “procuring agency” means any [Federal agency](#4), or any [State agency](/usc/42/1396r–8.md?p=k-9) or agency of a political subdivision of a [State](#31) which is using appropriated Federal [funds](/usc/42/12854.md?p=3) for such procurement, or any [person](#15) contracting with any such agency with respect to work performed under such contract.
- (18) The term “recoverable” refers to the capability and likelihood of being recovered from [solid waste](#27) for a commercial or industrial use.
- (19) The term “recovered material” means waste material and byproducts which have been recovered or diverted from [solid waste](#27), but such term does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process.
- (20) The term “recovered resources” means material or [energy](/usc/42/6311.md?p=7) recovered from [solid waste](#27).
- (21) The term “resource conservation” means reduction of the amounts of [solid waste](#27) that are generated, reduction of overall resource consumption, and utilization of [recovered resources](#20).
- (22) The term “resource recovery” means the recovery of material or [energy](/usc/42/6311.md?p=7) from [solid waste](#27).
- (23) The term “resource recovery system” means a [solid waste management](#28) system which provides for collection, separation, recycling, and recovery of [solid wastes](#27), including [disposal](#3) of nonrecoverable waste residues.
- (24) The term “resource recovery facility” means any [facility](/usc/42/11049.md?p=4) at which [solid waste](#27) is processed for the purpose of extracting, converting to [energy](/usc/42/6311.md?p=7), or otherwise separating and preparing [solid waste](#27) for reuse.
- (25) The term “regional authority” means the authority established or designated under [section 6946 of this title](/usc/42/6946.md).
- (26) The term “sanitary landfill” means a [facility](/usc/42/11049.md?p=4) for the [disposal](#3) of [solid waste](#27) which meets the criteria published under [section 6944 of this title](/usc/42/6944.md).
- (26A) The term “sludge” means any solid, semisolid or liquid waste generated from a municipal, commercial, or industrial wastewater [treatment](#34) plant, water supply [treatment](#34) plant, or air pollution control [facility](/usc/42/11049.md?p=4) or any other such waste having similar characteristics and effects.
- (27) The term “solid waste” means any garbage, refuse, [sludge](#26A) from a waste [treatment](#34) plant, water supply [treatment](#34) plant, or air pollution control [facility](/usc/42/11049.md?p=4) and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under [section 1342 of title 33](/usc/33/1342.md), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923) [[42 U.S.C. 2011](/usc/42/2011.md) et seq.].
- (28) The term “solid waste management” means the systematic administration of activities which provide for the collection, source separation, [storage](#33), transportation, transfer, processing, [treatment](#34), and [disposal](#3) of [solid waste](#27).
- (29) The term “solid waste management facility” includes—
  - (A) any [resource recovery system](#23) or component thereof,
  - (B) any system, [program](/usc/42/274l–1.md?p=4), or [facility](/usc/42/11049.md?p=4) for [resource conservation](#21), and
  - (C) any [facility](/usc/42/11049.md?p=4) for the collection, source separation, [storage](#33), transportation, transfer, processing, [treatment](#34) or [disposal](#3) of [solid wastes](#27), including [hazardous wastes](#5), whether such [facility](/usc/42/11049.md?p=4) is associated with [facilities](/usc/42/11049.md?p=4) generating such wastes or otherwise.
- (30) The terms “solid waste planning”, “[solid waste management](#28)”, and “comprehensive planning” include planning or management respecting [resource recovery](#22) and [resource conservation](#21).
- (31) The term “State” means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
- (32) The term “State authority” means the agency established or designated under [section 6947 of this title](/usc/42/6947.md).
- (33) The term “storage”, when used in connection with [hazardous waste](#5), means the containment of [hazardous waste](#5), either on a temporary basis or for a period of years, in such a manner as not to constitute [disposal](#3) of such [hazardous waste](#5).
- (34) The term “treatment”, when used in connection with [hazardous waste](#5), means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any [hazardous waste](#5) so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for [storage](#33), or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of [hazardous waste](#5) so as to render it nonhazardous.
- (35) The term “virgin material” means a raw material, including previously unused copper, aluminum, lead, zinc, iron, or other metal or metal ore, any undeveloped resource that is, or with new technology will become, a source of raw materials.
- (36) The term “used oil” means any oil which has been—
  - (A) refined from crude oil,
  - (B) used, and
  - (C) as a result of such use, contaminated by physical or chemical impurities.
- (37) The term “recycled oil” means any [used oil](#36) which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes oil which is re-refined, reclaimed, burned, or reprocessed.
- (38) The term “lubricating oil” means the fraction of crude oil which is sold for purposes of reducing friction in any industrial or mechanical device. Such term includes [re-refined oil](#39).
- (39) The term “re-refined oil” means [used oil](#36) from which the physical and chemical [contaminants](/usc/42/1397h.md?p=c-4) acquired through previous use have been removed through a refining process.
- (40) Except as otherwise provided in this paragraph, the term “medical waste” means any [solid waste](#27) which is generated in the diagnosis, [treatment](#34), or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. Such term does not include any [hazardous waste](#5) identified or listed under subchapter III or any household waste as defined in regulations under subchapter III.
- (41) The term “mixed waste” means waste that contains both [hazardous waste](#5) and source, special nuclear, or by-product material subject to the Atomic Energy Act of 1954 ([42 U.S.C. 2011](/usc/42/2011.md) et seq.).

# §6904. Governmental cooperation

- (a) **Interstate cooperation—** The provisions of this chapter to be carried out by [States](/usc/42/6903.md?p=31) may be carried out by [interstate agencies](/usc/42/6903.md?p=10) and provisions applicable to [States](/usc/42/6903.md?p=31) may apply to interstate regions where such agencies and regions have been established by the respective [States](/usc/42/6903.md?p=31) and approved by the [Administrator](/usc/42/6903.md?p=1). In any such case, action required to be taken by the [Governor](/usc/42/6372.md?p=1) of a [State](/usc/42/6903.md?p=31), respecting regional designation shall be required to be taken by the [Governor](/usc/42/6372.md?p=1) of each of the respective [States](/usc/42/6903.md?p=31) with respect to so much of the interstate region as is within the jurisdiction of that [State](/usc/42/6903.md?p=31).
- (b) **Consent of Congress to compacts—** The consent of the Congress is hereby given to two or more [States](/usc/42/6903.md?p=31) to negotiate and enter into [agreements](/usc/42/1320b–8.md?p=a-3-A) or [compacts](/usc/42/2021b.md?p=4), not in conflict with any law or treaty of the [United States](/usc/42/403.md?p=k), for—
  - (1) cooperative effort and mutual assistance for the management of [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5) (or both) and the enforcement of their respective laws relating thereto, and
  - (2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such [agreements](/usc/42/1320b–8.md?p=a-3-A) or [compacts](/usc/42/2021b.md?p=4).

  No such [agreement](/usc/42/1320b–8.md?p=a-3-A) or [compact](/usc/42/2021b.md?p=4) shall be binding or obligatory upon any [State](/usc/42/6903.md?p=31) a party thereto unless it is agreed upon by all parties to the [agreement](/usc/42/1320b–8.md?p=a-3-A) and until it has been approved by the [Administrator](/usc/42/6903.md?p=1) and the Congress.


# §6905. Application of chapter and integration with other Acts

- (a) **Application of chapter—** Nothing in this chapter shall be construed to apply to (or to authorize any [State](/usc/42/6903.md?p=31), interstate, or local authority to regulate) any activity or substance which is subject to the Federal Water Pollution Control Act [[33 U.S.C. 1251](/usc/33/1251.md) et seq.], the Safe Drinking Water Act [[42 U.S.C. 300f](/usc/42/300f.md) et seq.], the Marine Protection, Research and Sanctuaries Act of 1972 [[16 U.S.C. 1431](/usc/16/1431.md) et seq., 1447 et seq., [33 U.S.C. 1401](/usc/33/1401.md) et seq., 2801 et seq.], or the Atomic Energy Act of 1954 [[42 U.S.C. 2011](/usc/42/2011.md) et seq.] except to the extent that such application (or regulation) is not inconsistent with the requirements of such Acts.
- (b) **Integration with other Acts—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) shall integrate all provisions of this chapter for purposes of administration and enforcement and shall avoid duplication, to the maximum extent practicable, with the appropriate provisions of the Clean Air Act [[42 U.S.C. 7401](/usc/42/7401.md) et seq.], the Federal Water Pollution Control Act [[33 U.S.C. 1251](/usc/33/1251.md) et seq.], the Federal Insecticide, Fungicide, and Rodenticide Act [[7 U.S.C. 136](/usc/7/136.md) et seq.], the Safe Drinking Water Act [[42 U.S.C. 300f](/usc/42/300f.md) et seq.], the Marine Protection, Research and Sanctuaries Act of 1972 [[16 U.S.C. 1431](/usc/16/1431.md) et seq., 1447 et seq., [33 U.S.C. 1401](/usc/33/1401.md) et seq., 2801 et seq.], and such other Acts of Congress as grant regulatory authority to the [Administrator](/usc/42/6903.md?p=1). Such integration shall be effected only to the extent that it can be done in a manner consistent with the goals and policies expressed in this chapter and in the other acts referred to in this subsection.
  - (2)
    - (A) As promptly as practicable after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall submit a report describing—
      - (i) the current data and information available on emissions of polychlorinated dibenzo-p-dioxins from [resource recovery facilities](/usc/42/6903.md?p=24) burning [municipal solid waste](/usc/42/7546.md?p=a-1);
      - (ii) any significant risks to human health posed by these emissions; and
      - (iii) operating [practices](/usc/42/17061.md?p=19) appropriate for controlling these emissions.
    - (B) Based on the report under [subparagraph (A)](#b-2-A) and on any future information on such emissions, the [Administrator](/usc/42/6903.md?p=1) may publish advisories or guidelines regarding the control of dioxin emissions from such [facilities](/usc/42/11049.md?p=4). Nothing in this paragraph shall be construed to preempt or otherwise affect the authority of the [Administrator](/usc/42/6903.md?p=1) to promulgate any regulations under the Clean Air Act [[42 U.S.C. 7401](/usc/42/7401.md) et seq.] regarding emissions of polychlorinated dibenzo-p-dioxins.
  - (3) Notwithstanding any other provisions of law, in developing [solid waste](/usc/42/6903.md?p=27) plans, it is the intention of this chapter that in determining the size of a waste-to-[energy](/usc/42/6311.md?p=7) [facility](/usc/42/11049.md?p=4), adequate provisions shall be given to the present and reasonably anticipated future needs, including those needs created by thorough [implementation](/usc/42/6903.md?p=8) of [section 6962(h) of this title](/usc/42/6962.md?p=h), of the recycling and [resource recovery](/usc/42/6903.md?p=22) interests within the area encompassed by the [solid waste](/usc/42/6903.md?p=27) plan.
- (c) **Integration with the Surface Mining Control and Reclamation Act of 1977—**
  - (1) No later than 90 days after October 21, 1980, the [Administrator](/usc/42/6903.md?p=1) shall review any regulations applicable to the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of any coal mining wastes or overburden promulgated by the [Secretary](/usc/42/242q–4.md?p=2) of the Interior under the Surface Mining and Reclamation Act of 1977 [[30 U.S.C. 1201](/usc/30/1201.md) et seq.]. If the [Administrator](/usc/42/6903.md?p=1) determines that any requirement of final regulations promulgated under any section of subchapter III relating to mining wastes or overburden is not adequately addressed in such regulations promulgated by the [Secretary](/usc/42/242q–4.md?p=2), the [Administrator](/usc/42/6903.md?p=1) shall promptly transmit such determination, together with suggested revisions and supporting documentation, to the [Secretary](/usc/42/242q–4.md?p=2).
  - (2) The [Secretary](/usc/42/242q–4.md?p=2) of the Interior shall have exclusive responsibility for carrying out any requirement of subchapter III of this chapter with respect to coal mining wastes or overburden for which a surface coal mining and reclamation permit is issued or approved under the Surface Mining Control and Reclamation Act of 1977 [[30 U.S.C. 1201](/usc/30/1201.md) et seq.]. The [Secretary](/usc/42/242q–4.md?p=2) shall, with the concurrence of the [Administrator](/usc/42/6903.md?p=1), promulgate such regulations as may be necessary to carry out the purposes of this subsection and shall integrate such regulations with regulations promulgated under the Surface Mining Control and Reclamation Act of 1977.

# §6906. Financial disclosure

- (a) **Statement—** Each officer or [employee](/usc/42/1320a–7h.md?p=e-7) of the [Administrator](/usc/42/6903.md?p=1) who—
  - (1) performs any function or duty under this chapter; and
  - (2) has any [known financial interest](#b-1-A) in any [person](/usc/42/6903.md?p=15) who applies for or receives financial assistance under this chapter

  shall, beginning on February 1, 1977, annually file with the [Administrator](/usc/42/6903.md?p=1) a written statement concerning all such interests held by such officer or [employee](/usc/42/1320a–7h.md?p=e-7) during the preceding calendar year. Such statement shall be available to the public.

- (b) **Action by Administrator—** The [Administrator](/usc/42/6903.md?p=1) shall—
  - (1) act within ninety days after October 21, 1976—
    - (A) to define the term “known financial interest” for purposes of [subsection (a)](#a) of this section; and
    - (B) to establish the methods by which the requirement to file written statements specified in [subsection (a)](#a) of this section will be monitored and enforced, including appropriate provision for the filing by such officers and [employees](/usc/42/1320a–7h.md?p=e-7) of such statements and the review by the [Administrator](/usc/42/6903.md?p=1) of such statements; and
  - (2) report to the Congress on June 1, 1978, and of each succeeding calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year.
- (c) **Exemption—** In the rules prescribed under [subsection (b)](#b) of this section, the [Administrator](/usc/42/6903.md?p=1) may identify specific positions within the Environmental Protection Agency which are of a nonpolicy-making nature and provide that officers or [employees](/usc/42/1320a–7h.md?p=e-7) occupying such positions shall be exempt from the requirements of this section.
- (d) **Penalty—** Any officer or [employee](/usc/42/1320a–7h.md?p=e-7) who is subject to, and knowingly violates, this section shall be fined not more than $2,500 or imprisoned not more than one year, or both.

# §6907. Solid waste management information and guidelines

- (a) **Guidelines—** Within one year of October 21, 1976, and from time to time thereafter, the [Administrator](/usc/42/6903.md?p=1) shall, in cooperation with appropriate Federal, [State](/usc/42/6903.md?p=31), municipal, and [intermunicipal agencies](/usc/42/6903.md?p=9), and in consultation with other interested [persons](/usc/42/6903.md?p=15), and after public hearings, develop and publish suggested guidelines for [solid waste management](/usc/42/6903.md?p=28). Such suggested guidelines shall—
  - (1) provide a technical and economic description of the level of performance that can be attained by various available [solid waste management](/usc/42/6903.md?p=28) [practices](/usc/42/17061.md?p=19) (including operating [practices](/usc/42/17061.md?p=19)) which provide for the protection of public health and the environment;
  - (2) not later than two years after October 21, 1976, describe levels of performance, including appropriate methods and degrees of control, that provide at a minimum for (A) protection of public health and welfare; (B) protection of the quality of ground waters and surface waters from leachates; (C) protection of the quality of surface waters from runoff through compliance with effluent limitations under the Federal Water Pollution Control Act, as amended [[33 U.S.C. 1251](/usc/33/1251.md) et seq.]; (D) protection of ambient air quality through compliance with new source performance [standards](/usc/42/1320d.md?p=7) or requirements of air quality [implementation](/usc/42/6903.md?p=8) plans under the Clean Air Act, as amended [[42 U.S.C. 7401](/usc/42/7401.md) et seq.]; (E) disease and vector control; (F) safety; and (G) esthetics; and
  - (3) provide minimum criteria to be used by the [States](/usc/42/6903.md?p=31) to define those [solid waste management](/usc/42/6903.md?p=28) [practices](/usc/42/17061.md?p=19) which constitute the open dumping of [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5) and are to be prohibited under subchapter IV of this chapter.

  Where appropriate, such suggested guidelines also shall include minimum information for use in deciding the adequate location, design, and [construction](/usc/42/6903.md?p=2) of [facilities](/usc/42/11049.md?p=4) associated with [solid waste management](/usc/42/6903.md?p=28) [practices](/usc/42/17061.md?p=19), including the consideration of regional, geographic, demographic, and climatic factors.

- (b) **Notice—** The [Administrator](/usc/42/6903.md?p=1) shall notify the Committee on Environment and Public Works of the Senate and the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5) a reasonable time before publishing any suggested guidelines or proposed regulations under this chapter of the content of such proposed suggested guidelines or proposed regulations under this chapter.

# §6908. Small town environmental planning

- (a) **Establishment—** The [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection Agency (hereafter referred to as the “[Administrator](/usc/42/6903.md?p=1)”) shall establish a [program](/usc/42/274l–1.md?p=4) to assist small communities in planning and financing environmental [facilities](/usc/42/11049.md?p=4). The [program](/usc/42/274l–1.md?p=4) shall be known as the “[Small Town](#f) Environmental Planning [Program](/usc/42/274l–1.md?p=4)”.
- (b) **Small Town Environmental Planning Task Force—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) shall establish a [Small Town](#f) Environmental Planning [Task Force](/usc/42/242q–4.md?p=3) which shall be composed of [representatives](/usc/42/3058f.md?p=5) of [small towns](#f) from different areas of the [United States](/usc/42/403.md?p=k), Federal and [State](/usc/42/6903.md?p=31) governmental agencies, and public interest groups. The [Administrator](/usc/42/6903.md?p=1) shall terminate the [Task Force](/usc/42/242q–4.md?p=3) not later than 2 years after the establishment of the [Task Force](/usc/42/242q–4.md?p=3).
  - (2) The [Task Force](/usc/42/242q–4.md?p=3) shall—
    - (A) identify regulations developed pursuant to Federal environmental laws which pose significant compliance problems for [small towns](#f);
    - (B) identify means to improve the working relationship between the Environmental Protection Agency (hereafter referred to as the Agency) and [small towns](#f);
    - (C) review proposed regulations for the protection of the environmental and public health and suggest revisions that could improve the ability of [small towns](#f) to comply with such regulations;
    - (D) identify means to promote regionalization of environmental [treatment](/usc/42/6903.md?p=34) systems and infrastructure serving [small towns](#f) to improve the economic condition of such systems and infrastructure; and
    - (E) provide such other assistance to the [Administrator](/usc/42/6903.md?p=1) as the [Administrator](/usc/42/6903.md?p=1) deems appropriate.
- (c) **Identification of environmental requirements—**
  - (1) Not later than 6 months after October 6, 1992, the [Administrator](/usc/42/6903.md?p=1) shall publish a list of requirements under Federal environmental and public health statutes (and the regulations developed pursuant to such statutes) applicable to [small towns](#f). Not less than annually, the [Administrator](/usc/42/6903.md?p=1) shall make such additions and deletions to and from the list as the [Administrator](/usc/42/6903.md?p=1) deems appropriate.
  - (2) The [Administrator](/usc/42/6903.md?p=1) shall, as part of the [Small Town](#f) Environmental Planning [Program](/usc/42/274l–1.md?p=4) under this section, implement a [program](/usc/42/274l–1.md?p=4) to notify small communities of the regulations identified under [paragraph (1)](#c-1) and of future regulations and requirements through methods that the [Administrator](/usc/42/6903.md?p=1) determines to be effective to provide information to the greatest number of small communities, including any of the following:
    - (A) Newspapers and other periodicals.
    - (B) Other news media.
    - (C) Trade, municipal, and other associations that the [Administrator](/usc/42/6903.md?p=1) determines to be appropriate.
    - (D) Direct mail.
- (d) **Small Town Ombudsman—** The [Administrator](/usc/42/6903.md?p=1) shall establish and staff an [Office](/usc/42/3058f.md?p=1) of the [Small Town](#f) [Ombudsman](/usc/42/3058f.md?p=2). The [Office](/usc/42/3058f.md?p=1) shall provide assistance to [small towns](#f) in connection with the [Small Town](#f) Environmental Planning [Program](/usc/42/274l–1.md?p=4) and other business with the Agency. Each regional [office](/usc/42/3058f.md?p=1) shall identify a [small town](#f) contact. The [Small Town](#f) [Ombudsman](/usc/42/3058f.md?p=2) and the regional contacts also may assist larger communities, but only if first priority is given to providing assistance to [small towns](#f).
- (e) **Multi-media permits—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) shall conduct a study of establishing a multi-media permitting [program](/usc/42/274l–1.md?p=4) for [small towns](#f). Such evaluation shall include an analysis of—
    - (A) environmental benefits and liabilities of a multi-media permitting [program](/usc/42/274l–1.md?p=4);
    - (B) the potential of using such a [program](/usc/42/274l–1.md?p=4) to coordinate a [small town](#f)’s environmental and public health activities; and
    - (C) the legal barriers, if any, to the establishment of such a [program](/usc/42/274l–1.md?p=4).
  - (2) Within 3 years after October 6, 1992, the [Administrator](/usc/42/6903.md?p=1) shall report to Congress on the results of the evaluation performed in accordance with [paragraph (1)](#e-1). Included in this report shall be a description of the activities conducted pursuant to [subsections (a) through (d)](#a..d).
- (f) **“Small town” defined—** For purposes of this section, the term “small town” means an incorporated or unincorporated community (as defined by the [Administrator](/usc/42/6903.md?p=1)) with a population of less than 2,500 individuals.
- (g) **Authorization—** There is authorized to be appropriated the sum of $500,000 to implement this section.

# §6908a. Agreements with Indian tribes


On and after October 21, 1998, the [Administrator](/usc/42/6903.md?p=1) is authorized to enter into assistance [agreements](/usc/42/1320b–8.md?p=a-3-A) with Federally[^1] recognized [Indian tribes](/usc/42/300f.md?p=14) on such terms and conditions as the [Administrator](/usc/42/6903.md?p=1) deems appropriate for the development and [implementation](/usc/42/6903.md?p=8) of [programs](/usc/42/274l–1.md?p=4) to manage [hazardous waste](/usc/42/6903.md?p=5), and [underground storage tanks](/usc/42/6991b.md?p=i-1-F-ii).


# §6911. Office of Solid Waste and Interagency Coordinating Committee

- (a) **Office of Solid Waste—** The [Administrator](/usc/42/6903.md?p=1) shall establish within the Environmental Protection Agency an [Office](/usc/42/3058f.md?p=1) of [Solid Waste](/usc/42/6903.md?p=27) (hereinafter referred to as the “[Office](/usc/42/3058f.md?p=1)”) to be headed by an Assistant [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection Agency. The duties and responsibilities (other than duties and responsibilities relating to research and development) of the [Administrator](/usc/42/6903.md?p=1) under this chapter (as [modified](/usc/42/7501.md?p=4) by applicable reorganization plans) shall be carried out through the [Office](/usc/42/3058f.md?p=1).
- (b) **Interagency Coordinating Committee—**
  - (1) There is hereby established an [Interagency Coordinating Committee](/usc/42/7703.md?p=8) on Federal Resource Conservation and Recovery Activities which shall have the responsibility for coordinating all activities dealing with [resource conservation](/usc/42/6903.md?p=21) and recovery from [solid waste](/usc/42/6903.md?p=27) carried out by the Environmental Protection Agency, the Department of [Energy](/usc/42/6311.md?p=7), the Department of [Commerce](/usc/42/6311.md?p=7), and all other [Federal agencies](/usc/42/6903.md?p=4) which conduct such activities pursuant to this chapter or any other Act. For purposes of this subsection, the term “resource conservation and recovery activities” shall include, but not be limited to, all research, development and [demonstration projects](/usc/42/16281.md?p=d-2) on [resource conservation](/usc/42/6903.md?p=21) or [energy](/usc/42/6311.md?p=7), or material, recovery from [solid waste](/usc/42/6903.md?p=27), and all technical or financial assistance for [State](/usc/42/6903.md?p=31) or local planning for, or [implementation](/usc/42/6903.md?p=8) of, [projects](/usc/42/11360.md?p=20) related to [resource conservation](/usc/42/6903.md?p=21) or [energy](/usc/42/6311.md?p=7) or material, recovery from [solid waste](/usc/42/6903.md?p=27). The Committee shall be chaired by the [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection Agency or such [person](/usc/42/6903.md?p=15) as the [Administrator](/usc/42/6903.md?p=1) may designate. Members of the Committee shall include [representatives](/usc/42/3058f.md?p=5) of the Department of [Energy](/usc/42/6311.md?p=7), the Department of [Commerce](/usc/42/6311.md?p=7), the Department of the Treasury, and each other [Federal agency](/usc/42/6903.md?p=4) which the [Administrator](/usc/42/6903.md?p=1) determines to have [programs](/usc/42/274l–1.md?p=4) or responsibilities affecting [resource conservation](/usc/42/6903.md?p=21) or recovery.
  - (2) The [Interagency Coordinating Committee](/usc/42/7703.md?p=8) shall include oversight of the [implementation](/usc/42/6903.md?p=8) of
    - (A) the May 1979 Memorandum of Understanding on [Energy](/usc/42/6311.md?p=7) Recovery from [Municipal Solid Waste](/usc/42/7546.md?p=a-1) between the Environmental Protection Agency and the Department of [Energy](/usc/42/6311.md?p=7);
    - (B) the May 30, 1978, Interagency [Agreement](/usc/42/1320b–8.md?p=a-3-A) between the Department of [Commerce](/usc/42/6311.md?p=7) and the Environmental Protection Agency on the [Implementation](/usc/42/6903.md?p=8) of the [Resource Conservation](/usc/42/6903.md?p=21) and Recovery Act [[42 U.S.C. 6901](/usc/42/6901.md) et seq.]; and
    - (C) any subsequent [agreements](/usc/42/1320b–8.md?p=a-3-A) between these agencies or other [Federal agencies](/usc/42/6903.md?p=4) which address Federal [resource recovery](/usc/42/6903.md?p=22) or conservation activities.

# §6911a. Assistant Administrator of Environmental Protection Agency; appointment, etc.


The Assistant [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection Agency appointed to head the [Office](/usc/42/3058f.md?p=1) of [Solid Waste](/usc/42/6903.md?p=27) shall be in addition to the five Assistant [Administrators](/usc/42/6903.md?p=1) of the Environmental Protection Agency provided for in section 1(d) of Reorganization Plan Numbered 3 of 1970 and the additional Assistant [Administrator](/usc/42/6903.md?p=1) provided by the Toxic Substances Control Act [[15 U.S.C. 2601](/usc/15/2601.md) et seq.], shall be appointed by the President by and with the advice and consent of the Senate.


# §6912. Authorities of Administrator

- (a) **Authorities—** In carrying out this chapter, the [Administrator](/usc/42/6903.md?p=1) is authorized to—
  - (1) prescribe, in consultation with Federal, [State](/usc/42/6903.md?p=31), and [regional authorities](/usc/42/6903.md?p=25), such regulations as are necessary to carry out his functions under this chapter;
  - (2) consult with or [exchange](/usc/42/300gg–91.md?p=d-21) information with other [Federal agencies](/usc/42/6903.md?p=4) undertaking research, development, [demonstration projects](/usc/42/16281.md?p=d-2), studies, or investigations relating to [solid waste](/usc/42/6903.md?p=27);
  - (3) provide technical and financial assistance to [States](/usc/42/6903.md?p=31) or regional agencies in the development and [implementation](/usc/42/6903.md?p=8) of [solid waste](/usc/42/6903.md?p=27) plans and [hazardous waste management](/usc/42/6903.md?p=7) [programs](/usc/42/274l–1.md?p=4);
  - (4) consult with [representatives](/usc/42/3058f.md?p=5) of science, industry, agriculture, labor, environmental protection and consumer organizations, and other groups, as he deems advisable;
  - (5) utilize the information, [facilities](/usc/42/11049.md?p=4), personnel and other resources of [Federal agencies](/usc/42/6903.md?p=4), including the National Institute of [Standards](/usc/42/1320d.md?p=7) and Technology and the National Bureau of the Census, on a reimbursable basis, to perform research and analyses and conduct studies and investigations related to [resource recovery](/usc/42/6903.md?p=22) and conservation and to otherwise carry out the [Administrator](/usc/42/6903.md?p=1)’s functions under this chapter; and
  - (6) to delegate to the [Secretary](/usc/42/242q–4.md?p=2) of Transportation the performance of any [inspection](/usc/42/4851b.md?p=12) or enforcement function under this chapter relating to the transportation of [hazardous waste](/usc/42/6903.md?p=5) where such delegation would avoid unnecessary duplication of activity and would carry out the objectives of this chapter and of [chapter 51](/usc/49/chstIII-ch51.md) of title 49.
- (b) **Revision of regulations—** Each regulation promulgated under this chapter shall be reviewed and, where necessary, revised not less frequently than every three years.
- (c) **Criminal investigations—** In carrying out the provisions of this chapter, the [Administrator](/usc/42/6903.md?p=1), and duly-designated agents and [employees](/usc/42/1320a–7h.md?p=e-7) of the Environmental Protection Agency, are authorized to initiate and conduct investigations under the criminal provisions of this chapter, and to refer the results of these investigations to the [Attorney General](/usc/42/14902.md?p=6) for prosecution in appropriate cases.

# §6913. Resource Recovery and Conservation Panels


The [Administrator](/usc/42/6903.md?p=1) shall provide teams of personnel, including Federal, [State](/usc/42/6903.md?p=31), and local [employees](/usc/42/1320a–7h.md?p=e-7) or contractors (hereinafter referred to as “[Resource Conservation](/usc/42/6903.md?p=21) and Recovery [Panels](/usc/42/10362.md?p=16)”) to provide [Federal agencies](/usc/42/6903.md?p=4), [States](/usc/42/6903.md?p=31) and [local governments](/usc/42/8401a.md) upon request with technical assistance on [solid waste management](/usc/42/6903.md?p=28), [resource recovery](/usc/42/6903.md?p=22), and [resource conservation](/usc/42/6903.md?p=21). Such teams shall include technical, marketing, financial, and institutional specialists, and the services of such teams shall be provided without charge to [States](/usc/42/6903.md?p=31) or [local governments](/usc/42/8401a.md).


# §6914. Grants for discarded tire disposal

- (a) **Grants—** The [Administrator](/usc/42/6903.md?p=1) shall make available grants equal to 5 percent of the purchase price of tire shredders (including portable shredders attached to tire collection trucks) to those eligible applicants best meeting criteria promulgated under this section. An eligible applicant may be any private purchaser, public body, or public-private joint venture. Criteria for receiving grants shall be promulgated under this section and shall include the policy to offer any private purchaser the first option to receive a grant, the policy to develop widespread geographic distribution of tire shredding [facilities](/usc/42/11049.md?p=4), the need for such [facilities](/usc/42/11049.md?p=4) within a [geographic area](/usc/42/11360.md?p=9), and the projected risk and viability of any such venture. In the case of an application under this section from a public body, the [Administrator](/usc/42/6903.md?p=1) shall first make a determination that there are no private purchasers interested in making an application before approving a grant to a public body.
- (b) **Authorization of appropriations—** There is authorized to be appropriated $750,000 for each of the fiscal years 1978 and 1979 to carry out this section.

# §6914a. Labeling of lubricating oil


For purposes of any provision of law which requires the labeling of commodities, [lubricating oil](/usc/42/6903.md?p=38) shall be treated as lawfully labeled only if it bears the following statement, prominently displayed:


# §6914b. Degradable plastic ring carriers; definitions


As used in this title—

- (1) the term “regulated item” means any plastic ring carrier device that contains at least one hole greater than 1¾ inches in diameter which is made, used, or designed for the purpose of packaging, transporting, or carrying multipackaged cans or bottles, and which is of a size, shape, design, or type capable, when discarded, of becoming entangled with fish or wildlife; and
- (2) the term “naturally degradable material” means a material which, when discarded, will be reduced to environmentally benign subunits under the action of normal environmental forces, such as, among others, biological decomposition, photodegradation, or hydrolysis.

# §6914b–1. Regulation of plastic ring carriers


Not later than 24 months after October 28, 1988 (unless the [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection Agency determines that it is not feasible or that the byproducts of degradable [regulated items](/usc/42/6914b.md?p=1) present a greater threat to the environment than nondegradable [regulated items](/usc/42/6914b.md?p=1)), the [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection Agency shall require, by regulation, that any [regulated item](/usc/42/6914b.md?p=1) intended for use in the [United States](/usc/42/403.md?p=k) shall be made of [naturally degradable material](/usc/42/6914b.md?p=2) which, when discarded, decomposes within a period established by such regulation. The period within which decomposition must occur after being discarded shall be the shortest period of time consistent with the intended use of the item and the physical integrity required for such use. Such regulation shall allow a reasonable time for affected parties to come into compliance, including the use of existing [inventories](/usc/42/4370m.md?p=14).


# §6915. Annual report


The [Administrator](/usc/42/6903.md?p=1) shall transmit to the Congress and the President, not later than ninety days after the end of each fiscal year, a comprehensive and detailed report on all activities of the [Office](/usc/42/3058f.md?p=1) during the preceding fiscal year. Each such report shall include—

- (1) a statement of specific and detailed objectives for the activities and [programs](/usc/42/274l–1.md?p=4) conducted and assisted under this chapter;
- (2) statements of the [Administrator](/usc/42/6903.md?p=1)’s conclusions as to the effectiveness of such activities and [programs](/usc/42/274l–1.md?p=4) in meeting the stated objectives and the purposes of this chapter, measured through the end of such fiscal year;
- (3) a summary of outstanding [solid waste](/usc/42/6903.md?p=27) problems confronting the [Administrator](/usc/42/6903.md?p=1), in order of priority;
- (4) recommendations with respect to such legislation which the [Administrator](/usc/42/6903.md?p=1) deems necessary or desirable to assist in solving problems respecting [solid waste](/usc/42/6903.md?p=27);
- (5) all other information required to be submitted to the Congress pursuant to any other provision of this chapter; and
- (6) the [Administrator](/usc/42/6903.md?p=1)’s plans for activities and [programs](/usc/42/274l–1.md?p=4) respecting [solid waste](/usc/42/6903.md?p=27) during the next fiscal year.

# §6916. General authorization

- (a) **General administration—** There are authorized to be appropriated to the [Administrator](/usc/42/6903.md?p=1) for the purpose of carrying out the provisions of this chapter, $35,000,000 for the fiscal year ending September 30, 1977, $38,000,000 for the fiscal year ending September 30, 1978, $42,000,000 for the fiscal year ending September 30, 1979, $70,000,000 for the fiscal year ending September 30, 1980, $80,000,000 for the fiscal year ending September 30, 1981, $80,000,000 for the fiscal year ending September 30, 1982, $70,000,000 for the fiscal year ending September 30, 1985, $80,000,000 for the fiscal year ending September 30, 1986, $80,000,000 for the fiscal year ending September 30, 1987, and $80,000,000 for the fiscal year 1988.
- (b) **Resource Recovery and Conservation Panels—** Not less than 20 percent of the amount appropriated under [subsection (a)](#a), or $5,000,000 per fiscal year, whichever is less, shall be used only for purposes of [Resource Recovery](/usc/42/6903.md?p=22) and Conservation [Panels](/usc/42/10362.md?p=16) established under [section 6913 of this title](/usc/42/6913.md) (including travel expenses incurred by such [panels](/usc/42/10362.md?p=16) in carrying out their functions under this chapter).
- (c) **Hazardous waste—** Not less than 30 percent of the amount appropriated under [subsection (a)](#a) shall be used only for purposes of carrying out subchapter III of this chapter (relating to [hazardous waste](/usc/42/6903.md?p=5)) other than [section 6931 of this title](/usc/42/6931.md).
- (d) **State and local support—** Not less than 25 per centum of the total amount appropriated under this chapter, up to the amount authorized in [section 6948(a)(1) of this title](/usc/42/6948.md?p=a-1), shall be used only for purposes of support to [State](/usc/42/6903.md?p=31), regional, local, and [interstate agencies](/usc/42/6903.md?p=10) in accordance with subchapter IV of this chapter other than section [6948(a)(2)](/usc/42/6948.md?p=a-2) or [6949](/usc/42/6949.md) of this title.
- (e) **Criminal investigators—** There is authorized to be appropriated to the [Administrator](/usc/42/6903.md?p=1) $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](/usc/42/1320a–7h.md?p=e-7) of the Environmental Protection Agency authorized by the [Administrator](/usc/42/6903.md?p=1) to conduct criminal investigations (to investigate, or supervise the investigation of, any activity for which a criminal penalty is provided) under this chapter; and
  - (2) for support costs for such additional officers or [employees](/usc/42/1320a–7h.md?p=e-7).
- (f) **Underground storage tanks—**
  - (1) There are authorized to be appropriated to the [Administrator](/usc/42/6903.md?p=1) for the purpose of carrying out the provisions of subchapter IX (relating to regulation of [underground storage tanks](/usc/42/6991b.md?p=i-1-F-ii)), $10,000,000 for each of the fiscal years 1985 through 1988.
  - (2) There is authorized to be appropriated $25,000,000 for each of the fiscal years 1985 through 1988 to be used to make grants to the [States](/usc/42/6903.md?p=31) for purposes of assisting the [States](/usc/42/6903.md?p=31) in the development and [implementation](/usc/42/6903.md?p=8) of approved [State](/usc/42/6903.md?p=31) [underground storage tank](/usc/42/6991b.md?p=i-1-F-ii) [release](/usc/42/9601.md?p=22) detection, prevention, and correction [programs](/usc/42/274l–1.md?p=4) under subchapter IX.

# §6917. Office of Ombudsman

- (a) **Establishment; functions—** The [Administrator](/usc/42/6903.md?p=1) shall establish an [Office](/usc/42/3058f.md?p=1) of [Ombudsman](/usc/42/3058f.md?p=2), to be directed by an [Ombudsman](/usc/42/3058f.md?p=2). It shall be the function of the [Office](/usc/42/3058f.md?p=1) of [Ombudsman](/usc/42/3058f.md?p=2) to receive individual complaints, grievances, requests for information submitted by any [person](/usc/42/6903.md?p=15) with respect to any [program](/usc/42/274l–1.md?p=4) or requirement under this chapter.
- (b) **Authority to render assistance—** The [Ombudsman](/usc/42/3058f.md?p=2) shall render assistance with respect to the complaints, grievances, and requests submitted to the [Office](/usc/42/3058f.md?p=1) of [Ombudsman](/usc/42/3058f.md?p=2), and shall make appropriate recommendations to the [Administrator](/usc/42/6903.md?p=1).
- (c) **Effect on procedures for grievances, appeals, or administrative matters—** The establishment of the [Office](/usc/42/3058f.md?p=1) of [Ombudsman](/usc/42/3058f.md?p=2) shall not affect any procedures for grievances, appeals, or administrative matters in any other provision of this chapter, any other provision of law, or any Federal regulation.
- (d) **Termination—** The [Office](/usc/42/3058f.md?p=1) of the [Ombudsman](/usc/42/3058f.md?p=2) shall cease to exist 4 years after November 8, 1984.

# §6921. Identification and listing of hazardous waste

- (a) **Criteria for identification or listing—** Not later than eighteen months after October 21, 1976, the [Administrator](/usc/42/6903.md?p=1) shall, after notice and opportunity for public hearing, and after consultation with appropriate Federal and [State agencies](/usc/42/1396r–8.md?p=k-9), develop and promulgate criteria for identifying the characteristics of [hazardous waste](/usc/42/6903.md?p=5), and for listing [hazardous waste](/usc/42/6903.md?p=5), which should be subject to the provisions of this subchapter, taking into account toxicity, persistence, and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness, and other hazardous characteristics. Such criteria shall be revised from time to time as may be appropriate.
- (b) **Identification and listing—**
  - (1) Not later than eighteen months after October 21, 1976, and after notice and opportunity for public hearing, the [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations identifying the characteristics of [hazardous waste](/usc/42/6903.md?p=5), and listing particular [hazardous wastes](/usc/42/6903.md?p=5) (within the meaning of [section 6903(5) of this title](/usc/42/6903.md?p=5)), which shall be subject to the provisions of this subchapter. Such regulations shall be based on the criteria promulgated under [subsection (a)](#a) and shall be revised from time to time thereafter as may be appropriate. The [Administrator](/usc/42/6903.md?p=1), in cooperation with the Agency for Toxic Substances and Disease [Registry](/usc/42/6341.md?p=6) and the National Toxicology [Program](/usc/42/274l–1.md?p=4), shall also identify or list those [hazardous wastes](/usc/42/6903.md?p=5) which shall be subject to the provisions of this subchapter solely because of the presence in such wastes of certain constituents (such as identified carcinogens, mutagens, or teratagens)[^1] at levels in excess of levels which endanger human health.
  - (2)
    - (A) Notwithstanding the provisions of paragraph (1) of this subsection, drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil or natural gas or geothermal [energy](/usc/42/6311.md?p=7) shall be subject only to existing [State](/usc/42/6903.md?p=31) or Federal regulatory [programs](/usc/42/274l–1.md?p=4) in lieu of this subchapter until at least 24 months after October 21, 1980, and after promulgation of the regulations in accordance with subparagraphs (B) and (C) of this paragraph. It is the sense of the Congress that such [State](/usc/42/6903.md?p=31) or Federal [programs](/usc/42/274l–1.md?p=4) should include, for waste [disposal](/usc/42/6903.md?p=3) sites which are to be closed, provisions requiring at least the following:
      - (i) The identification through surveying, platting, or other measures, together with recordation of such information on the public record, so as to assure that the location where such wastes are disposed of can be located in the future; except however, that no such surveying, platting, or other measure identifying the location of a [disposal](/usc/42/6903.md?p=3) site for drilling fluids and associated wastes shall be required if the distance from the [disposal](/usc/42/6903.md?p=3) site to the surveyed or platted location to the associated well is less than two hundred lineal feet; and
      - (ii) A chemical and physical analysis of a produced water and a composition of a drilling fluid suspected to contain a hazardous material, with such information to be acquired prior to closure and to be placed on the public record.
    - (B) Not later than six months after completion and submission of the study required by [section 6982(m) of this title](/usc/42/6982.md?p=m), the [Administrator](/usc/42/6903.md?p=1) shall, after public hearings and opportunity for comment, determine either to promulgate regulations under this subchapter for drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil or natural gas or geothermal [energy](/usc/42/6311.md?p=7) or that such regulations are unwarranted. The [Administrator](/usc/42/6903.md?p=1) shall publish his decision in the Federal Register accompanied by an explanation and justification of the reasons for it. In making the decision under this paragraph, the [Administrator](/usc/42/6903.md?p=1) shall utilize the information developed or accumulated pursuant to the study required under [section 6982(m) of this title](/usc/42/6982.md?p=m).
    - (C) The [Administrator](/usc/42/6903.md?p=1) shall transmit his decision, along with any regulations, if necessary, to both Houses of Congress. Such regulations shall take effect only when authorized by Act of Congress.
  - (3)
    - (A) Notwithstanding the provisions of paragraph (1) of this subsection, each waste listed below shall, except as provided in subparagraph (B) of this paragraph, be subject only to regulation under other applicable provisions of Federal or [State](/usc/42/6903.md?p=31) law in lieu of this subchapter until at least six months after the date of submission of the applicable study required to be conducted under subsection (f), (n), (o), or (p) of [section 6982 of this title](/usc/42/6982.md) and after promulgation of regulations in accordance with subparagraph (C) of this paragraph:
      - (i) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels.
      - (ii) [Solid waste](/usc/42/6903.md?p=27) from the extraction, beneficiation, and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore.
      - (iii) Cement kiln dust waste.
    - (B)
      - (i) [Owners](/usc/42/13641.md?p=4) and operators of [disposal](/usc/42/6903.md?p=3) sites for wastes listed in [subparagraph (A)](#b-3-A) may be required by the [Administrator](/usc/42/6903.md?p=1), through regulations prescribed under authority of [section 6912 of this title](/usc/42/6912.md)—
        - (I) as to [disposal](/usc/42/6903.md?p=3) sites for such wastes which are to be closed, to identify the locations of such sites through surveying, platting, or other measures, together with recordation of such information on the public record, to assure that the locations where such wastes are disposed of are known and can be located in the future, and
        - (II) to provide chemical and physical analysis and composition of such wastes, based on available information, to be placed on the public record.
      - (ii)
        - (I) In conducting any study under subsection [(f)](#f), (n), (o), or (p), of [section 6982 of this title](/usc/42/6982.md), any officer, [employee](/usc/42/1320a–7h.md?p=e-7), or authorized [representative](/usc/42/3058f.md?p=5) of the Environmental Protection Agency, duly designated by the [Administrator](/usc/42/6903.md?p=1), is authorized, at reasonable times and as reasonably necessary for the purposes of such study, to enter any establishment where any waste subject to such study is generated, stored, treated, disposed of, or transported from; to inspect, take samples, and conduct monitoring and testing; and to have access to and copy rec­ords relating to such waste. Each such [inspection](/usc/42/4851b.md?p=12) shall be commenced and completed with reasonable promptness. If the officer, [employee](/usc/42/1320a–7h.md?p=e-7), or authorized [representative](/usc/42/3058f.md?p=5) obtains any samples prior to leaving the premises, he shall give to the [owner](/usc/42/13641.md?p=4), operator, or agent in charge a receipt describing the sample obtained and if requested a portion of each such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, or monitoring and testing performed, a copy of the results shall be furnished promptly to the [owner](/usc/42/13641.md?p=4), operator, or agent in charge.
        - (II) Any records, reports, or information obtained from any [person](/usc/42/6903.md?p=15) under [subclause (I)](#b-3-B-ii-I) shall be available to the public, except that upon a showing satisfactory to the [Administrator](/usc/42/6903.md?p=1) by any [person](/usc/42/6903.md?p=15) that records, reports, or information, or particular part thereof, to which the [Administrator](/usc/42/6903.md?p=1) has access under this subparagraph is made public, would divulge information entitled to protection under [section 1905 of title 18](/usc/18/1905.md), the [Administrator](/usc/42/6903.md?p=1) shall consider such information or particular portion thereof confidential in accordance with the purposes of that section, except that such record, report, document, or information may be disclosed to other officers, [employees](/usc/42/1320a–7h.md?p=e-7), or authorized [representatives](/usc/42/3058f.md?p=5) of the [United States](/usc/42/403.md?p=k) concerned with carrying out this chapter. Any [person](/usc/42/6903.md?p=15) not subject to the provisions of [section 1905 of title 18](/usc/18/1905.md) who knowingly and willfully divulges or discloses any information entitled to protection under this subparagraph shall, upon conviction, be subject to a fine of not more than $5,000 or to imprisonment not to exceed one year, or both.
      - (iii) The [Administrator](/usc/42/6903.md?p=1) may prescribe regulations, under the authority of this chapter, to prevent radiation exposure which presents an unreasonable risk to human health from the use in [construction](/usc/42/6903.md?p=2) or land reclamation (with or without revegetation) of (I) [solid waste](/usc/42/6903.md?p=27) from the extraction, beneficiation, and processing of phosphate rock or (II) overburden from the mining of uranium ore.
      - (iv) Whenever on the basis of any information the [Administrator](/usc/42/6903.md?p=1) determines that any [person](/usc/42/6903.md?p=15) is in [violation](/usc/42/2000e–16a.md?p=c) of any requirement of this subparagraph, the [Administrator](/usc/42/6903.md?p=1) shall give notice to the violator of his failure to comply with such requirement. If such [violation](/usc/42/2000e–16a.md?p=c) extends beyond the thirtieth day after the [Administrator](/usc/42/6903.md?p=1)’s notification, the [Administrator](/usc/42/6903.md?p=1) may issue an order requiring compliance within a specified time period or the [Administrator](/usc/42/6903.md?p=1) may commence a civil action in the [United States](/usc/42/403.md?p=k) district court in the district in which the [violation](/usc/42/2000e–16a.md?p=c) occurred for appropriate relief, including a temporary or permanent injunction.
    - (C) Not later than six months after the date of submission of the applicable study required to be conducted under subsection [(f)](#f), (n), (o), or (p), of [section 6982 of this title](/usc/42/6982.md), the [Administrator](/usc/42/6903.md?p=1) shall, after public hearings and opportunity for comment, either determine to promulgate regulations under this subchapter for each waste listed in subparagraph (A) of this paragraph or determine that such regulations are unwarranted. The [Administrator](/usc/42/6903.md?p=1) shall publish his determination, which shall be based on information developed or accumulated pursuant to such study, public hearings, and comment, in the Federal Register accompanied by an explanation and justification of the reasons for it.
- (c) **Petition by State Governor—** At any time after the date eighteen months after October 21, 1976, the [Governor](/usc/42/6372.md?p=1) of any [State](/usc/42/6903.md?p=31) may petition the [Administrator](/usc/42/6903.md?p=1) to identify or list a material as a [hazardous waste](/usc/42/6903.md?p=5). The [Administrator](/usc/42/6903.md?p=1) shall act upon such petition within ninety days following his receipt thereof and shall notify the [Governor](/usc/42/6372.md?p=1) of such action. If the [Administrator](/usc/42/6903.md?p=1) denies such petition because of financial considerations, in providing such notice to the [Governor](/usc/42/6372.md?p=1) he shall include a statement concerning such considerations.
- (d) **Small quantity generator waste—**
  - (1) By March 31, 1986, the [Administrator](/usc/42/6903.md?p=1) shall promulgate [standards](/usc/42/1320d.md?p=7) under sections [6922](/usc/42/6922.md), [6923](/usc/42/6923.md), and [6924](/usc/42/6924.md) of this title for [hazardous waste](/usc/42/6903.md?p=5) generated by a generator in a total quantity of [hazardous waste](/usc/42/6903.md?p=5) greater than one hundred kilograms but less than one thousand kilograms during a calendar month.
  - (2) The [standards](/usc/42/1320d.md?p=7) referred to in [paragraph (1)](#d-1), including [standards](/usc/42/1320d.md?p=7) applicable to the legitimate use, reuse, recycling, and reclamation of such wastes, may vary from the [standards](/usc/42/1320d.md?p=7) applicable to [hazardous waste](/usc/42/6903.md?p=5) generated by larger quantity generators, but such [standards](/usc/42/1320d.md?p=7) shall be sufficient to protect human health and the environment.
  - (3) Not later than two hundred and seventy days after November 8, 1984, any [hazardous waste](/usc/42/6903.md?p=5) 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](/usc/42/6903.md?p=5) [Manifest](/usc/42/6903.md?p=12) 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](/usc/42/403.md?p=k) Department of Transportation description of the waste, including the proper shipping name, [hazard](/usc/42/5165f.md?p=a-3) class, and identification number (UN/NA), if applicable;
    - (C) the number and type of containers;
    - (D) the quantity of waste being transported; and
    - (E) the name and address of the [facility](/usc/42/11049.md?p=4) designated to receive the waste.

    If [subparagraph (B)](#d-3-B) is not applicable, in lieu of the description referred to in such [subparagraph (B)](#d-3-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](/usc/42/6903.md?p=5) characteristic. Additional requirements related to the [manifest](/usc/42/6903.md?p=12) form shall apply only if determined necessary by the [Administrator](/usc/42/6903.md?p=1) to protect human health and the environment.

  - (4) The [Administrator](/usc/42/6903.md?p=1)’s responsibility under this subchapter to protect human health and the environment may require the promulgation of [standards](/usc/42/1320d.md?p=7) under this subchapter for [hazardous wastes](/usc/42/6903.md?p=5) which are generated by any generator who does not [generate](/usc/42/2021b.md?p=8) more than one hundred kilograms of [hazardous waste](/usc/42/6903.md?p=5) in a calendar month.
  - (5) Until the effective date of [standards](/usc/42/1320d.md?p=7) required to be promulgated under [paragraph (1)](#d-1), any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this section generated by any generator during any calendar month in a total quantity greater than one hundred kilograms but less than one thousand kilograms, which is not treated, stored, or disposed of at a [hazardous waste](/usc/42/6903.md?p=5) [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4) with a permit under [section 6925 of this title](/usc/42/6925.md), shall be disposed of only in a [facility](/usc/42/11049.md?p=4) which is permitted, licensed, or registered by a [State](/usc/42/6903.md?p=31) to manage municipal or industrial [solid waste](/usc/42/6903.md?p=27).
  - (6) [Standards](/usc/42/1320d.md?p=7) promulgated as provided in [paragraph (1)](#d-1) shall, at a minimum, require that all [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of [hazardous wastes](/usc/42/6903.md?p=5) generated by generators referred to in [paragraph (1)](#d-1) shall occur at a [facility](/usc/42/11049.md?p=4) with interim status or a permit under this subchapter, except that onsite [storage](/usc/42/6903.md?p=33) of [hazardous waste](/usc/42/6903.md?p=5) generated by a generator generating a total quantity of [hazardous waste](/usc/42/6903.md?p=5) 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](/usc/42/6903.md?p=33) 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](/usc/42/242q–4.md?p=2) of Transportation pursuant to [chapter 51](/usc/49/chstIII-ch51.md) of title 49.
    - (B) Nothing in this subsection shall be construed to affect, modify, or render invalid any requirements in regulations promulgated prior to January 1, 1983 applicable to any acutely [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this section which is generated by any generator during any calendar month in a total quantity less than one thousand kilograms.
  - (8) Effective March 31, 1986, unless the [Administrator](/usc/42/6903.md?p=1) promulgates [standards](/usc/42/1320d.md?p=7) as provided in paragraph (1) of this subsection prior to such date, [hazardous waste](/usc/42/6903.md?p=5) 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](/usc/42/1320d.md?p=7) referred to in paragraph (1) of this subsection have become effective:
    - (A) the notice requirements of paragraph (3) of this subsection shall apply and in addition, the information provided in the form shall include the name of the waste transporters and the name and address of the [facility](/usc/42/11049.md?p=4) designated to receive the waste;
    - (B) except in the case of the onsite [storage](/usc/42/6903.md?p=33) referred to in paragraph (6) of this subsection, the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of such waste shall occur at a [facility](/usc/42/11049.md?p=4) with interim status or a permit under this subchapter;
    - (C) generators of such waste shall file [manifest](/usc/42/6903.md?p=12) exception reports as required of generators producing greater amounts of [hazardous waste](/usc/42/6903.md?p=5) per month except that such reports shall be filed by January 31, for any waste shipment occurring in the last half of the preceding calendar year, and by July 31, for any waste shipment occurring in the first half of the calendar year; and
    - (D) generators of such waste shall retain for three years a copy of the [manifest](/usc/42/6903.md?p=12) signed by the designated [facility](/usc/42/11049.md?p=4) that has received the waste.

    Nothing in this paragraph shall be construed as a determination of the [standards](/usc/42/1320d.md?p=7) appropriate under [paragraph (1)](#d-1).

  - (9) The last sentence of [section 6930(b) of this title](/usc/42/6930.md?p=b) shall not apply to regulations promulgated under this subsection.
- (e) **Specified wastes—**
  - (1) Not later than 6 months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall, where appropriate, list under [subsection (b)(1)](#b-1), additional wastes containing chlorinated dioxins or chlorinated-dibenzofurans. Not later than one year after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall, where appropriate, list under [subsection (b)(1)](#b-1) wastes containing remaining halogenated dioxins and halogenated-dibenzofurans.
  - (2) Not later than fifteen months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall make a determination of whether or not to list under [subsection (b)(1)](#b-1) the following wastes: Chlorinated Aliphatics, Dioxin, Dimethyl Hydrazine, TDI (toluene diisocyanate), Carbamates, Bromacil, Linuron, Organo-bromines, solvents, refining wastes, chlorinated aromatics, dyes and pigments, inorganic chemical industry wastes, lithium batteries, coke byproducts, paint production wastes, and coal slurry pipeline effluent.
- (f) **Delisting procedures—**
  - (1) When evaluating a petition to exclude a waste generated at a particular [facility](/usc/42/11049.md?p=4) from listing under this section, the [Administrator](/usc/42/6903.md?p=1) shall consider factors (including additional constituents) other than those for which the waste was listed if the [Administrator](/usc/42/6903.md?p=1) has a reasonable basis to believe that such additional factors could [cause](/usc/42/9908.md?p=c-2) the waste to be a [hazardous waste](/usc/42/6903.md?p=5). The [Administrator](/usc/42/6903.md?p=1) 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](/usc/42/6903.md?p=1) shall publish in the Federal Register a proposal to grant or deny a petition referred to in [paragraph (1)](#f-1) within twelve months after receiving a complete application to exclude a waste generated at a particular [facility](/usc/42/11049.md?p=4) from being regulated as a [hazardous waste](/usc/42/6903.md?p=5) and shall grant or deny such a petition within twenty-four months after receiving a complete application.
    - (B) The temporary granting of such a petition prior to November 8, 1984, without the opportunity for public comment and the full consideration of such comments shall not continue for more than twenty-four months after November 8, 1984. If a final decision to grant or deny such a petition has not been promulgated after notice and opportunity for public comment within the time limit prescribed by the preceding sentence, any such temporary granting of such petition shall cease to be in effect.
- (g) **EP toxicity—** Not later than twenty-eight months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall examine the deficiencies of the extraction procedure toxicity characteristic as a predictor of the leaching potential of wastes and make changes in the extraction procedure toxicity characteristic, including changes in the leaching media, as are necessary to insure that it accurately predicts the leaching potential of wastes which pose a threat to human health and the environment when mismanaged.
- (h) **Additional characteristics—** Not later than two years after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations under this section identifying additional characteristics of [hazardous waste](/usc/42/6903.md?p=5), including measures or indicators of toxicity.
- (i) **Clarification of household waste exclusion—** A [resource recovery facility](/usc/42/6903.md?p=24) recovering [energy](/usc/42/6311.md?p=7) from the mass burning of [municipal solid waste](/usc/42/7546.md?p=a-1) shall not be deemed to be treating, storing, disposing of, or otherwise managing [hazardous wastes](/usc/42/6903.md?p=5) for the purposes of regulation under this subchapter, if—
  - (1) such [facility](/usc/42/11049.md?p=4)—
    - (A) receives and burns only—
      - (i) household waste (from [single](/usc/42/2304.md?p=m) and multiple dwellings, hotels, motels, and other residential sources), and
      - (ii) [solid waste](/usc/42/6903.md?p=27) from commercial or industrial sources that does not contain [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this section, and
    - (B) does not accept [hazardous wastes](/usc/42/6903.md?p=5) identified or listed under this section, and
  - (2) the [owner or operator](/usc/42/9601.md?p=20-B) of such [facility](/usc/42/11049.md?p=4) has established contractual requirements or other appropriate notification or [inspection](/usc/42/4851b.md?p=12) procedures to assure that [hazardous wastes](/usc/42/6903.md?p=5) are not received at or burned in such [facility](/usc/42/11049.md?p=4).
- (j) **Methamphetamine production—** Not later than every 24 months, the [Administrator](/usc/42/6903.md?p=1) shall submit to the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on Environment and Public Works of the Senate a report setting forth information collected by the [Administrator](/usc/42/6903.md?p=1) from law enforcement agencies, [States](/usc/42/6903.md?p=31), and other relevant stakeholders that identifies the byproducts of the methamphetamine production process and whether the [Administrator](/usc/42/6903.md?p=1) considers each of the byproducts to be a [hazardous waste](/usc/42/6903.md?p=5) pursuant to this section and relevant regulations.

# §6922. Standards applicable to generators of hazardous waste

- (a) **In general—** Not later than eighteen months after October 21, 1976, and after notice and opportunity for public hearings and after consultation with appropriate Federal and [State agencies](/usc/42/1396r–8.md?p=k-9), the [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations establishing such [standards](/usc/42/1320d.md?p=7), applicable to generators of [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter, as may be necessary to protect human health and the environment. Such [standards](/usc/42/1320d.md?p=7) shall establish requirements respecting—
  - (1) recordkeeping [practices](/usc/42/17061.md?p=19) that accurately identify the quantities of such [hazardous waste](/usc/42/6903.md?p=5) generated, the constituents thereof which are significant in quantity or in potential harm to human health or the environment, and the disposition of such wastes;
  - (2) labeling [practices](/usc/42/17061.md?p=19) for any containers used for the [storage](/usc/42/6903.md?p=33), transport, or [disposal](/usc/42/6903.md?p=3) of such [hazardous waste](/usc/42/6903.md?p=5) such as will identify accurately such waste;
  - (3) use of appropriate containers for such [hazardous waste](/usc/42/6903.md?p=5);
  - (4) furnishing of information on the general chemical composition of such [hazardous waste](/usc/42/6903.md?p=5) to [persons](/usc/42/6903.md?p=15) transporting, treating, storing, or disposing of such wastes;
  - (5) use of a [manifest](/usc/42/6903.md?p=12) system and any other reasonable means necessary to assure that all such [hazardous waste](/usc/42/6903.md?p=5) generated is designated for [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) in, and arrives at, [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) [facilities](/usc/42/11049.md?p=4) (other than [facilities](/usc/42/11049.md?p=4) on the premises where the waste is generated) for which a permit has been issued as provided in this subchapter, or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052) [[33 U.S.C. 1411](/usc/33/1411.md) et seq.]; and
  - (6) submission of reports to the [Administrator](/usc/42/6903.md?p=1) (or the [State agency](/usc/42/1396r–8.md?p=k-9) in any case in which such agency carries out a permit [program](/usc/42/274l–1.md?p=4) pursuant to this subchapter) at least once every two years, setting out—
    - (A) the quantities and nature of [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter that he has generated during the year;
    - (B) the disposition of all [hazardous waste](/usc/42/6903.md?p=5) reported under [subparagraph (A)](#a-6-A);
    - (C) the efforts undertaken during the year to reduce the volume and toxicity of waste generated; and
    - (D) the changes in volume and toxicity of waste actually achieved during the year in question in comparison with previous years, to the extent such information is available for years prior to November 8, 1984.
- (b) **Waste minimization—** Effective September 1, 1985, the [manifest](/usc/42/6903.md?p=12) required by [subsection (a)(5)](#a-5) shall contain a certification by the generator that—
  - (1) the generator of the [hazardous waste](/usc/42/6903.md?p=5) has a [program](/usc/42/274l–1.md?p=4) in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and
  - (2) the proposed method of [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment.

# §6923. Standards applicable to transporters of hazardous waste

- (a) **Standards—** Not later than eighteen months after October 21, 1976, and after opportunity for public hearings, the [Administrator](/usc/42/6903.md?p=1), after consultation with the [Secretary](/usc/42/242q–4.md?p=2) of Transportation and the [States](/usc/42/6903.md?p=31), shall promulgate regulations establishing such [standards](/usc/42/1320d.md?p=7), applicable to transporters of [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter, as may be necessary to protect human health and the environment. Such [standards](/usc/42/1320d.md?p=7) shall include but need not be limited to requirements respecting—
  - (1) recordkeeping concerning such [hazardous waste](/usc/42/6903.md?p=5) transported, and their source and delivery points;
  - (2) transportation of such waste only if properly labeled;
  - (3) compliance with the [manifest](/usc/42/6903.md?p=12) system referred to in [section 6922(5)](/usc/42/6922.md)[^1] of this title; and
  - (4) transportation of all such [hazardous waste](/usc/42/6903.md?p=5) only to the [hazardous waste](/usc/42/6903.md?p=5) [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) [facilities](/usc/42/11049.md?p=4) which the shipper designates on the [manifest](/usc/42/6903.md?p=12) form to be a [facility](/usc/42/11049.md?p=4) holding a permit issued under this subchapter, or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052) [[33 U.S.C. 1411](/usc/33/1411.md) et seq.].
- (b) **Coordination with regulations of Secretary of Transportation—** In case of any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter which is subject to [chapter 51](/usc/49/chstIII-ch51.md) of title 49, the regulations promulgated by the [Administrator](/usc/42/6903.md?p=1) under this section shall be consistent with the requirements of such Act and the regulations thereunder. The [Administrator](/usc/42/6903.md?p=1) is authorized to make recommendations to the [Secretary](/usc/42/242q–4.md?p=2) of Transportation respecting the regulations of such [hazardous waste](/usc/42/6903.md?p=5) under the Hazardous Materials Transportation Act and for addition of materials to be covered by such Act.
- (c) **Fuel from hazardous waste—** Not later than two years after November 8, 1984, and after opportunity for public hearing, the [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations establishing [standards](/usc/42/1320d.md?p=7), applicable to transporters of fuel produced (1) from any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md), or (2) from any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md) and any other material, as may be necessary to protect human health and the environment. Such [standards](/usc/42/1320d.md?p=7) may include any of the requirements set forth in [paragraphs (1) through (4)](#a-1..a-4) of subsection (a) as may be appropriate.

# §6924. Standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities

- (a) **In general—** Not later than eighteen months after October 21, 1976, and after opportunity for public hearings and after consultation with appropriate Federal and [State agencies](/usc/42/1396r–8.md?p=k-9), the [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations establishing such performance [standards](/usc/42/1320d.md?p=7), applicable to [owners](/usc/42/13641.md?p=4) and operators of [facilities](/usc/42/11049.md?p=4) for the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter, as may be necessary to protect human health and the environment. In establishing such [standards](/usc/42/1320d.md?p=7) the [Administrator](/usc/42/6903.md?p=1) shall, where appropriate, distinguish in such [standards](/usc/42/1320d.md?p=7) between requirements appropriate for new [facilities](/usc/42/11049.md?p=4) and for [facilities](/usc/42/11049.md?p=4) in existence on the date of promulgation of such regulations. Such [standards](/usc/42/1320d.md?p=7) shall include, but need not be limited to, requirements respecting—
  - (1) maintaining records of all [hazardous wastes](/usc/42/6903.md?p=5) identified or listed under this chapter which is treated, stored, or disposed of, as the case may be, and the manner in which such wastes were treated, stored, or disposed of;
  - (2) satisfactory reporting, monitoring, and [inspection](/usc/42/4851b.md?p=12) and compliance with the [manifest](/usc/42/6903.md?p=12) system referred to in [section 6922(5)](/usc/42/6922.md)[^1] of this title;
  - (3) [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of all such waste received by the [facility](/usc/42/11049.md?p=4) pursuant to such operating methods, techniques, and [practices](/usc/42/17061.md?p=19) as may be satisfactory to the [Administrator](/usc/42/6903.md?p=1);
  - (4) the location, design, and [construction](/usc/42/6903.md?p=2) of such [hazardous waste](/usc/42/6903.md?p=5) [treatment](/usc/42/6903.md?p=34), [disposal](/usc/42/6903.md?p=3), or [storage](/usc/42/6903.md?p=33) [facilities](/usc/42/11049.md?p=4);
  - (5) contingency plans for effective action to minimize unanticipated damage from any [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of any such [hazardous waste](/usc/42/6903.md?p=5);
  - (6) the maintenance of operation of such [facilities](/usc/42/11049.md?p=4) and requiring such additional qualifications as to ownership, continuity of operation, [training](/usc/42/285e–2.md?p=b-2) for personnel, and financial responsibility (including financial responsibility for corrective action) as may be necessary or desirable; and
  - (7) compliance with the requirements of [section 6925 of this title](/usc/42/6925.md) respecting permits for [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3).

  No [private entity](/usc/42/12181.md?p=6) shall be precluded by reason of criteria established under [paragraph (6)](#a-6) from the ownership or operation of [facilities](/usc/42/11049.md?p=4) providing [hazardous waste](/usc/42/6903.md?p=5) [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) services where such entity can provide assurances of financial responsibility and continuity of operation consistent with the degree and duration of risks associated with the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of specified [hazardous waste](/usc/42/6903.md?p=5).

- (b) **Salt dome formations, salt bed formations, underground mines and caves—**
  - (1) Effective on November 8, 1984, the placement of any noncontainerized or bulk liquid [hazardous waste](/usc/42/6903.md?p=5) in any salt dome formation, salt bed formation, underground mine, or cave is prohibited until such time as—
    - (A) the [Administrator](/usc/42/6903.md?p=1) has determined, after notice and opportunity for hearings on the record in the affected areas, that such placement is protective of human health and the environment;
    - (B) the [Administrator](/usc/42/6903.md?p=1) has promulgated performance and permitting [standards](/usc/42/1320d.md?p=7) for such [facilities](/usc/42/11049.md?p=4) under this subchapter, and;
    - (C) a permit has been issued under [section 6925(c) of this title](/usc/42/6925.md?p=c) for the [facility](/usc/42/11049.md?p=4) concerned.
  - (2) Effective on November 8, 1984, the placement of any [hazardous waste](/usc/42/6903.md?p=5) other than a [hazardous waste](/usc/42/6903.md?p=5) referred to in [paragraph (1)](#b-1) in a salt dome formation, salt bed formation, underground mine, or cave is prohibited until such time as a permit has been issued under [section 6925(c) of this title](/usc/42/6925.md?p=c) for the [facility](/usc/42/11049.md?p=4) concerned.
  - (3) No determination made by the [Administrator](/usc/42/6903.md?p=1) under subsection [(d)](#d), [(e)](#e), or [(g)](#g) of this section regarding any [hazardous waste](/usc/42/6903.md?p=5) to which such subsection [(d)](#d), [(e)](#e), or [(g)](#g) applies shall affect the prohibition contained in paragraph (1) or (2) of this subsection.
  - (4) Nothing in this subsection shall apply to the Department of [Energy](/usc/42/6311.md?p=7) Waste Isolation Pilot [Project](/usc/42/11360.md?p=20) in New Mexico.
- (c) **Liquids in landfills—**
  - (1) Effective 6 months after November 8, 1984, the placement of bulk or noncontainerized liquid [hazardous waste](/usc/42/6903.md?p=5) or free liquids contained in [hazardous waste](/usc/42/6903.md?p=5) (whether or not absorbents have been added) in any landfill is prohibited. Prior to such date the requirements (as in effect on April 30, 1983) promulgated under this section by the [Administrator](/usc/42/6903.md?p=1) regarding liquid [hazardous waste](/usc/42/6903.md?p=5) shall remain in force and effect to the extent such requirements are applicable to the placement of bulk or noncontainerized liquid [hazardous waste](/usc/42/6903.md?p=5), or free liquids contained in [hazardous waste](/usc/42/6903.md?p=5), in landfills.
  - (2) Not later than fifteen months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall promulgate final regulations which—
    - (A) minimize the [disposal](/usc/42/6903.md?p=3) of containerized liquid [hazardous waste](/usc/42/6903.md?p=5) in landfills, and
    - (B) minimize the presence of free liquids in containerized [hazardous waste](/usc/42/6903.md?p=5) to be disposed of in landfills.

    Such regulations shall also prohibit the [disposal](/usc/42/6903.md?p=3) in landfills of liquids that have been absorbed in materials that biodegrade or that [release](/usc/42/9601.md?p=22) liquids when compressed as might occur during routine landfill operations. Prior to the date on which such final regulations take effect, the requirements (as in effect on April 30, 1983) promulgated under this section by the [Administrator](/usc/42/6903.md?p=1) shall remain in force and effect to the extent such requirements are applicable to the [disposal](/usc/42/6903.md?p=3) of containerized liquid [hazardous waste](/usc/42/6903.md?p=5), or free liquids contained in [hazardous waste](/usc/42/6903.md?p=5), in landfills.

  - (3) Effective twelve months after November 8, 1984, the placement of any liquid which is not a [hazardous waste](/usc/42/6903.md?p=5) in a landfill for which a permit is required under [section 6925(c) of this title](/usc/42/6925.md?p=c) or which is operating pursuant to interim status granted under [section 6925(e) of this title](/usc/42/6925.md?p=e) is prohibited unless the [owner or operator](/usc/42/9601.md?p=20-B) of such landfill demonstrates to the [Administrator](/usc/42/6903.md?p=1), or the [Administrator](/usc/42/6903.md?p=1) determines, that—
    - (A) the only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined surface impoundment, whether or not permitted under [section 6925(c) of this title](/usc/42/6925.md?p=c) or operating pursuant to interim status under [section 6925(e) of this title](/usc/42/6925.md?p=e), which contains, or may reasonably be anticipated to contain, [hazardous waste](/usc/42/6903.md?p=5); and
    - (B) placement in such [owner or operator](/usc/42/9601.md?p=20-B)’s landfill will not present a risk of contamination of any [underground source of drinking water](#c-3).

    As used in [subparagraph (B)](#c-3-B), the term “underground source of drinking water” has the same meaning as provided in regulations under the Safe Drinking Water Act (title XIV of the Public Health Service Act) [[42 U.S.C. 300f](/usc/42/300f.md) et seq.].

  - (4) No determination made by the [Administrator](/usc/42/6903.md?p=1) under subsection [(d)](#d), [(e)](#e), or [(g)](#g) of this section regarding any [hazardous waste](/usc/42/6903.md?p=5) to which such subsection [(d)](#d), [(e)](#e), or [(g)](#g) applies shall affect the prohibition contained in paragraph (1) of this subsection.
- (d) **Prohibitions on land disposal of specified wastes—**
  - (1) Effective 32 months after November 8, 1984 (except as provided in [subsection (f)](#f) with respect to underground injection into deep injection wells), the [land disposal](#k) of the [hazardous wastes](/usc/42/6903.md?p=5) referred to in [paragraph (2)](#d-2) is prohibited unless the [Administrator](/usc/42/6903.md?p=1) determines the prohibition on one or more methods of [land disposal](#k) 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](#k),
    - (B) the goal of managing [hazardous waste](/usc/42/6903.md?p=5) in an appropriate manner in the first instance, and
    - (C) the persistence, toxicity, mobility, and propensity to bioaccumulate of such [hazardous wastes](/usc/42/6903.md?p=5) and their hazardous constituents.

    For the purposes of this paragraph, a method of [land disposal](#k) may not be determined to be protective of human health and the environment for a [hazardous waste](/usc/42/6903.md?p=5) referred to in [paragraph (2)](#d-2) (other than a [hazardous waste](/usc/42/6903.md?p=5) which has complied with the pretreatment regulations promulgated under [subsection (m)](#m)), unless, upon application by an interested [person](/usc/42/6903.md?p=15), it has been demonstrated to the [Administrator](/usc/42/6903.md?p=1), to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the [disposal](/usc/42/6903.md?p=3) [unit](/usc/42/1395w–114b.md?p=g-2) or injection zone for as long as the wastes remain hazardous.

  - (2) [Paragraph (1)](#d-1) applies to the following [hazardous wastes](/usc/42/6903.md?p=5) listed or identified under [section 6921 of this title](/usc/42/6921.md):
    - (A) Liquid [hazardous wastes](/usc/42/6903.md?p=5), including free liquids associated with any solid or [sludge](/usc/42/6903.md?p=26A), containing free cyanides at concentrations greater than or equal to 1,000 mg/l.
    - (B) Liquid [hazardous wastes](/usc/42/6903.md?p=5), including free liquids associated with any solid or [sludge](/usc/42/6903.md?p=26A), containing the following metals (or elements) or compounds of these metals (or elements) at concentrations greater than or equal to those specified below:
      - (i) arsenic and/or compounds (as As) 500 mg/l;
      - (ii) cadmium and/or compounds (as Cd) 100 mg/l;
      - (iii) chromium (VI and/or compounds (as Cr VI)) 500 mg/l;
      - (iv) lead and/or compounds (as Pb) 500 mg/l;
      - (v) mercury and/or compounds (as Hg) 20 mg/l;
      - (vi) nickel and/or compounds (as Ni) 134 mg/l;
      - (vii) selenium and/or compounds (as Se) 100 mg/l; and
      - (viii) thallium and/or compounds (as Th) 130 mg/l.
    - (C) Liquid [hazardous waste](/usc/42/6903.md?p=5) having a pH less than or equal to two (2.0).
    - (D) Liquid [hazardous wastes](/usc/42/6903.md?p=5) containing polychlorinated biphenyls at concentrations greater than or equal to 50 ppm.
    - (E) [Hazardous wastes](/usc/42/6903.md?p=5) containing halogenated organic compounds in total concentration greater than or equal to 1,000 mg/kg.

    When necessary to protect human health and the environment, the [Administrator](/usc/42/6903.md?p=1) shall substitute more stringent concentration levels than the levels specified in [subparagraphs (A) through (E)](#d-2-A..d-2-E).

  - (3) During the period ending forty-eight months after November 8, 1984, this subsection shall not apply to any [disposal](/usc/42/6903.md?p=3) of contaminated soil or debris resulting from a response action taken under section [9604](/usc/42/9604.md) or [9606](/usc/42/9606.md) of this title or a corrective action required under this subchapter.
- (e) **Solvents and dioxins—**
  - (1) Effective twenty-four months after November 8, 1984 (except as provided in [subsection (f)](#f) with respect to underground injection into deep injection wells), the [land disposal](#k) of the [hazardous wastes](/usc/42/6903.md?p=5) referred to in [paragraph (2)](#e-2) is prohibited unless the [Administrator](/usc/42/6903.md?p=1) determines the prohibition of one or more methods of [land disposal](#k) of such waste is not required in order to protect human health and the environment for as long as the waste remains hazardous, taking into account the factors referred to in [subparagraph (A) through (C)](#d-1-A..d-1-C) of subsection (d)(1). For the purposes of this paragraph, a method of [land disposal](#k) may not be determined to be protective of human health and the environment for a [hazardous waste](/usc/42/6903.md?p=5) referred to in [paragraph (2)](#e-2) (other than a [hazardous waste](/usc/42/6903.md?p=5) which has complied with the pretreatment regulations promulgated under [subsection (m)](#m)), unless upon application by an interested [person](/usc/42/6903.md?p=15) it has been demonstrated to the [Administrator](/usc/42/6903.md?p=1), to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the [disposal](/usc/42/6903.md?p=3) [unit](/usc/42/1395w–114b.md?p=g-2) or injection zone for as long as the wastes remain hazardous.
  - (2) The [hazardous wastes](/usc/42/6903.md?p=5) to which the prohibition under [paragraph (1)](#e-1) applies are as follows—
    - (A) dioxin-containing [hazardous wastes](/usc/42/6903.md?p=5) numbered F020, F021, F022, and F023 (as referred to in the proposed rule published by the [Administrator](/usc/42/6903.md?p=1) in the Federal Register for April 4, 1983), and
    - (B) those [hazardous wastes](/usc/42/6903.md?p=5) numbered F001, F002, F003, F004, and F005 in regulations promulgated by the [Administrator](/usc/42/6903.md?p=1) under [section 6921 of this title](/usc/42/6921.md) ([40 C.F.R. 261.31](/cfr/40/261.31.md) (July 1, 1983)), as those regulations are in effect on July 1, 1983.
  - (3) During the period ending forty-eight months after November 8, 1984, this subsection shall not apply to any [disposal](/usc/42/6903.md?p=3) of contaminated soil or debris resulting from a response action taken under section [9604](/usc/42/9604.md) or [9606](/usc/42/9606.md) of this title or a corrective action required under this subchapter.
- (f) **Disposal into deep injection wells; specified subsection (d) wastes; solvents and dioxins—**
  - (1) Not later than forty-five months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall complete a review of the [disposal](/usc/42/6903.md?p=3) of all [hazardous wastes](/usc/42/6903.md?p=5) referred to in [paragraph (2)](#d-2) of subsection (d) and in [paragraph (2)](#e-2) of subsection (e) by underground injection into [deep injection wells](#f-4).
  - (2) Within forty-five months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall make a determination regarding the [disposal](/usc/42/6903.md?p=3) by underground injection into [deep injection wells](#f-4) of the [hazardous wastes](/usc/42/6903.md?p=5) referred to in [paragraph (2)](#d-2) of subsection (d) and the [hazardous wastes](/usc/42/6903.md?p=5) referred to in [paragraph (2)](#e-2) of subsection (e). The [Administrator](/usc/42/6903.md?p=1) shall promulgate final regulations prohibiting the [disposal](/usc/42/6903.md?p=3) of such wastes into such wells if it may reasonably be determined that such [disposal](/usc/42/6903.md?p=3) 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)](#d-1-A..d-1-C) of subsection (d)(1). In promulgating such regulations, the [Administrator](/usc/42/6903.md?p=1) shall consider each [hazardous waste](/usc/42/6903.md?p=5) referred to in [paragraph (2)](#d-2) of subsection (d) or in [paragraph (2)](#e-2) of subsection (e) which is prohibited from [disposal](/usc/42/6903.md?p=3) into such wells by any [State](/usc/42/6903.md?p=31).
  - (3) If the [Administrator](/usc/42/6903.md?p=1) fails to make a determination under [paragraph (2)](#f-2) for any [hazardous waste](/usc/42/6903.md?p=5) referred to in [paragraph (2)](#d-2) of subsection (d) or in [paragraph (2)](#e-2) of subsection (e) within forty-five months after November 8, 1984, such [hazardous waste](/usc/42/6903.md?p=5) shall be prohibited from [disposal](/usc/42/6903.md?p=3) into any [deep injection well](#f-4).
  - (4) As used in this subsection, the term “deep injection well” means a well used for the underground injection of [hazardous waste](/usc/42/6903.md?p=5) other than a well to which [section 6979a(a)](/usc/42/6979a.md)[^1] of this title applies.
- (g) **Additional land disposal prohibition determinations—**
  - (1) Not later than twenty-four months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall submit a schedule to Congress for—
    - (A) reviewing all [hazardous wastes](/usc/42/6903.md?p=5) listed (as of November 8, 1984) under [section 6921 of this title](/usc/42/6921.md) other than those wastes which are referred to in subsection [(d)](#d) or [(e)](#e); and
    - (B) taking action under paragraph (5) of this subsection with respect to each such [hazardous waste](/usc/42/6903.md?p=5).
  - (2) The [Administrator](/usc/42/6903.md?p=1) shall base the schedule on a ranking of such listed wastes considering their intrinsic [hazard](/usc/42/5165f.md?p=a-3) and their volume such that decisions regarding the [land disposal](#k) of high volume [hazardous wastes](/usc/42/6903.md?p=5) with high intrinsic [hazard](/usc/42/5165f.md?p=a-3) shall, to the maximum extent possible, be made by the date forty-five months after November 8, 1984. Decisions regarding low volume [hazardous wastes](/usc/42/6903.md?p=5) with lower intrinsic [hazard](/usc/42/5165f.md?p=a-3) shall be made by the date sixty-six months after November 8, 1984.
  - (3) The preparation and submission of the schedule under this subsection shall not be subject to the Paperwork Reduction Act of 1980.[^1] 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](/usc/42/6903.md?p=1) shall promulgate regulations in accordance with [paragraph (5)](#g-5) or make a determination under [paragraph (5)](#g-5)—
    - (A) for at least one-third of all [hazardous wastes](/usc/42/6903.md?p=5) referred to in [paragraph (1)](#g-1) by the date forty-five months after November 8, 1984;
    - (B) for at least two-thirds of all such listed wastes by the date fifty-five months after November 8, 1984; and
    - (C) for all such listed wastes and for all [hazardous wastes](/usc/42/6903.md?p=5) identified under [section 6921 of this title](/usc/42/6921.md) by the date sixty-six months after November 8, 1984.

    In the case of any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md) after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall determine whether such waste shall be prohibited from one or more methods of [land disposal](#k) in accordance with [paragraph (5)](#g-5) within six months after the date of such identification or listing.

  - (5) Not later than the date specified in the schedule published under this subsection, the [Administrator](/usc/42/6903.md?p=1) shall promulgate final regulations prohibiting one or more methods of [land disposal](#k) of the [hazardous wastes](/usc/42/6903.md?p=5) listed on such schedule except for methods of [land disposal](#k) which the [Administrator](/usc/42/6903.md?p=1) determines will be protective of human health and the environment for as long as the waste remains hazardous, taking into account the factors referred to in [subparagraphs (A) through (C)](#d-1-A..d-1-C) of subsection (d)(1). For the purposes of this paragraph, a method of [land disposal](#k) may not be determined to be protective of human health and the environment (except with respect to a [hazardous waste](/usc/42/6903.md?p=5) which has complied with the pretreatment regulations promulgated under [subsection (m)](#m)) unless, upon application by an interested [person](/usc/42/6903.md?p=15), it has been demonstrated to the [Administrator](/usc/42/6903.md?p=1), to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the [disposal](/usc/42/6903.md?p=3) [unit](/usc/42/1395w–114b.md?p=g-2) or injection zone for as long as the wastes remain hazardous.
  - (6)
    - (A) If the [Administrator](/usc/42/6903.md?p=1) fails (by the date forty-five months after November 8, 1984) to promulgate regulations or make a determination under [paragraph (5)](#g-5) for any [hazardous waste](/usc/42/6903.md?p=5) which is included in the first one-third of the schedule published under this subsection, such [hazardous waste](/usc/42/6903.md?p=5) may be disposed of in a landfill or surface impoundment only if—
      - (i) such [facility](/usc/42/11049.md?p=4) is in compliance with the requirements of [subsection (o)](#o) which are applicable to new [facilities](/usc/42/11049.md?p=4) (relating to minimum technological requirements); and
      - (ii) prior to such [disposal](/usc/42/6903.md?p=3), the generator has certified to the [Administrator](/usc/42/6903.md?p=1) that such generator has investigated the availability of [treatment](/usc/42/6903.md?p=34) capacity and has determined that the use of such landfill or surface impoundment is the only practical alternative to [treatment](/usc/42/6903.md?p=34) currently available to the generator.

      The prohibition contained in this subparagraph shall continue to apply until the [Administrator](/usc/42/6903.md?p=1) promulgates regulations or makes a determination under [paragraph (5)](#g-5) for the waste concerned.

    - (B) If the [Administrator](/usc/42/6903.md?p=1) fails (by the date 55 months after November 8, 1984) to promulgate regulations or make a determination under [paragraph (5)](#g-5) for any [hazardous waste](/usc/42/6903.md?p=5) which is included in the first two-thirds of the schedule published under this subsection, such [hazardous waste](/usc/42/6903.md?p=5) may be disposed of in a landfill or surface impoundment only if—
      - (i) such [facility](/usc/42/11049.md?p=4) is in compliance with the requirements of [subsection (o)](#o) which are applicable to new [facilities](/usc/42/11049.md?p=4) (relating to minimum technological requirements); and
      - (ii) prior to such [disposal](/usc/42/6903.md?p=3), the generator has certified to the [Administrator](/usc/42/6903.md?p=1) that such generator has investigated the availability of [treatment](/usc/42/6903.md?p=34) capacity and has determined that the use of such landfill or surface impoundment is the only practical alternative to [treatment](/usc/42/6903.md?p=34) currently available to the generator.

      The prohibition contained in this subparagraph shall continue to apply until the [Administrator](/usc/42/6903.md?p=1) promulgates regulations or makes a determination under [paragraph (5)](#g-5) for the waste concerned.

    - (C) If the [Administrator](/usc/42/6903.md?p=1) fails to promulgate regulations, or make a determination under [paragraph (5)](#g-5) for any [hazardous waste](/usc/42/6903.md?p=5) referred to in [paragraph (1)](#g-1) within 66 months after November 8, 1984, such [hazardous waste](/usc/42/6903.md?p=5) shall be prohibited from [land disposal](#k).
  - (7) [Solid waste](/usc/42/6903.md?p=27) identified as hazardous based solely on one or more characteristics shall not be subject to this subsection, any prohibitions under subsection [(d)](#d), [(e)](#e), or [(f)](#f), or any requirement promulgated under [subsection (m)](#m) (other than any applicable specific methods of [treatment](/usc/42/6903.md?p=34), as provided in [paragraph (8)](#g-8)) if the waste—
    - (A) is treated in a [treatment](/usc/42/6903.md?p=34) system that subsequently discharges to waters of the [United States](/usc/42/403.md?p=k) pursuant to a permit issued under [section 1342 of title 33](/usc/33/1342.md), treated for the purposes of the pretreatment requirements of [section 1317 of title 33](/usc/33/1317.md), or treated in a zero discharge system that, prior to any permanent [land disposal](#k), engages in [treatment](/usc/42/6903.md?p=34) that is equivalent to [treatment](/usc/42/6903.md?p=34) required under [section 1342 of title 33](/usc/33/1342.md) for discharges to waters of the [United States](/usc/42/403.md?p=k), as determined by the [Administrator](/usc/42/6903.md?p=1); and
    - (B) no longer exhibits a hazardous characteristic prior to management in any land-based [solid waste management](/usc/42/6903.md?p=28) [unit](/usc/42/1395w–114b.md?p=g-2).
  - (8) [Solid waste](/usc/42/6903.md?p=27) that otherwise qualifies under [paragraph (7)](#g-7) shall nevertheless be required to meet any applicable specific methods of [treatment](/usc/42/6903.md?p=34) specified for such waste by the [Administrator](/usc/42/6903.md?p=1) under [subsection (m)](#m), including those specified in the rule promulgated by the [Administrator](/usc/42/6903.md?p=1) June 1, 1990, prior to management in a land-based [unit](/usc/42/1395w–114b.md?p=g-2) as part of a [treatment](/usc/42/6903.md?p=34) system specified in [paragraph (7)(A)](#g-7-A). No [solid waste](/usc/42/6903.md?p=27) may qualify under [paragraph (7)](#g-7) that would [generate](/usc/42/2021b.md?p=8) toxic gases, vapors, or fumes due to the presence of cyanide when exposed to pH conditions between 2.0 and 12.5.
  - (9) [Solid waste](/usc/42/6903.md?p=27) identified as hazardous based on one or more characteristics alone shall not be subject to this subsection, any prohibitions under subsection [(d)](#d), [(e)](#e), or [(f)](#f), or any requirement promulgated under [subsection (m)](#m) if the waste no longer exhibits a hazardous characteristic at the point of injection in any Class I injection well permitted under [section 300h–1 of this title](/usc/42/300h–1.md).
  - (10) Not later than five years after March 26, 1996, the [Administrator](/usc/42/6903.md?p=1) shall complete a study of [hazardous waste](/usc/42/6903.md?p=5) managed pursuant to paragraph [(7)](#g-7) or [(9)](#g-9) to characterize the risks to human health or the environment associated with such management. In conducting this study, the [Administrator](/usc/42/6903.md?p=1) shall evaluate the extent to which risks are adequately addressed under existing [State](/usc/42/6903.md?p=31) or Federal [programs](/usc/42/274l–1.md?p=4) and whether unaddressed risks could be better addressed under such laws or [programs](/usc/42/274l–1.md?p=4). Upon receipt of additional information or upon completion of such study and as necessary to protect human health and the environment, the [Administrator](/usc/42/6903.md?p=1) may impose additional requirements under existing Federal laws, including [subsection (m)(1)](#m-1), or rely on other [State](/usc/42/6903.md?p=31) or Federal [programs](/usc/42/274l–1.md?p=4) or authorities to address such risks. In promulgating any [treatment](/usc/42/6903.md?p=34) [standards](/usc/42/1320d.md?p=7) pursuant to [subsection (m)(1)](#m-1) under the previous sentence, the [Administrator](/usc/42/6903.md?p=1) shall take into account the extent to which [treatment](/usc/42/6903.md?p=34) is occurring in land-based [units](/usc/42/1395w–114b.md?p=g-2) as part of a [treatment](/usc/42/6903.md?p=34) system specified in [paragraph (7)(A)](#g-7-A).
  - (11) Nothing in paragraph [(7)](#g-7) or [(9)](#g-9) shall be interpreted or applied to restrict any [inspection](/usc/42/4851b.md?p=12) or enforcement authority under the provisions of this chapter.
- (h) **Variance from land disposal prohibitions—**
  - (1) A prohibition in regulations under subsection [(d)](#d), [(e)](#e), [(f)](#f), or [(g)](#g) shall be effective immediately upon promulgation.
  - (2) The [Administrator](/usc/42/6903.md?p=1) may establish an effective date different from the effective date which would otherwise apply under subsection [(d)](#d), [(e)](#e), [(f)](#f), or [(g)](#g) with respect to a specific [hazardous waste](/usc/42/6903.md?p=5) which is subject to a prohibition under subsection [(d)](#d), [(e)](#e), [(f)](#f), or [(g)](#g) or under regulations under subsection [(d)](#d), [(e)](#e), [(f)](#f), or [(g)](#g) of this section. Any such other effective date shall be established on the basis of the earliest date on which adequate alternative [treatment](/usc/42/6903.md?p=34), recovery, or [disposal](/usc/42/6903.md?p=3) 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)](#d), [(e)](#e), [(f)](#f), or [(g)](#g).
  - (3) The [Administrator](/usc/42/6903.md?p=1), after notice and opportunity for comment and after consultation with appropriate [State agencies](/usc/42/1396r–8.md?p=k-9) in all affected [States](/usc/42/6903.md?p=31), may on a case-by-case basis grant an extension of the effective date which would otherwise apply under subsection [(d)](#d), [(e)](#e), [(f)](#f), or [(g)](#g) or under [paragraph (2)](#h-2) for up to one year, where the applicant demonstrates that there is a binding contractual commitment to construct or otherwise provide such alternative capacity but due to circumstances beyond the control of such applicant such alternative capacity cannot reasonably be made available by such effective date. Such extension shall be renewable once for no more than one additional year.
  - (4) Whenever another effective date (hereinafter referred to as a “variance”) is established under [paragraph (2)](#h-2), or an extension is granted under [paragraph (3)](#h-3), with respect to any [hazardous waste](/usc/42/6903.md?p=5), during the period for which such variance or extension is in effect, such [hazardous waste](/usc/42/6903.md?p=5) may be disposed of in a landfill or surface impoundment only if such [facility](/usc/42/11049.md?p=4) is in compliance with the requirements of [subsection (o)](#o).
- (i) **Publication of determination—** If the [Administrator](/usc/42/6903.md?p=1) determines that a method of [land disposal](#k) will be protective of human health and the environment, he shall promptly publish in the Federal Register notice of such determination, together with an explanation of the basis for such determination.
- (j) **Storage of hazardous waste prohibited from land disposal—** In the case of any [hazardous waste](/usc/42/6903.md?p=5) which is prohibited from one or more methods of [land disposal](#k) under this section (or under regulations promulgated by the [Administrator](/usc/42/6903.md?p=1) under any provision of this section) the [storage](/usc/42/6903.md?p=33) of such [hazardous waste](/usc/42/6903.md?p=5) is prohibited unless such [storage](/usc/42/6903.md?p=33) is solely for the purpose of the accumulation of such quantities of [hazardous waste](/usc/42/6903.md?p=5) as are necessary to facilitate proper recovery, [treatment](/usc/42/6903.md?p=34) or [disposal](/usc/42/6903.md?p=3).
- (k) **“Land disposal” defined—** For the purposes of this section, the term “land disposal”, when used with respect to a specified [hazardous waste](/usc/42/6903.md?p=5), shall be deemed to include, but not be limited to, any placement of such [hazardous waste](/usc/42/6903.md?p=5) in a landfill, surface impoundment, waste pile, injection well, land [treatment](/usc/42/6903.md?p=34) [facility](/usc/42/11049.md?p=4), salt dome formation, salt bed formation, or underground mine or cave.
- (l) **Ban on dust suppression—** The use of waste or [used oil](/usc/42/6903.md?p=36) or other material, which is contaminated or mixed with dioxin or any other [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md) (other than a waste identified solely on the basis of ignitability), for dust suppression or road [treatment](/usc/42/6903.md?p=34) is prohibited.
- (m) **Treatment standards for wastes subject to land disposal prohibition—**
  - (1) Simultaneously with the promulgation of regulations under subsection [(d)](#d), [(e)](#e), [(f)](#f), or [(g)](#g) prohibiting one or more methods of [land disposal](#k) of a particular [hazardous waste](/usc/42/6903.md?p=5), and as appropriate thereafter, the [Administrator](/usc/42/6903.md?p=1) shall, after notice and an opportunity for hearings and after consultation with appropriate Federal and [State agencies](/usc/42/1396r–8.md?p=k-9), promulgate regulations specifying those levels or methods of [treatment](/usc/42/6903.md?p=34), 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](/usc/42/6903.md?p=5) 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)](#d), [(e)](#e), [(f)](#f), or [(g)](#g) and may be disposed of in a [land disposal](#k) [facility](/usc/42/11049.md?p=4) which meets the requirements of this subchapter. Any regulation promulgated under this subsection for a particular [hazardous waste](/usc/42/6903.md?p=5) shall become effective on the same date as any applicable prohibition promulgated under subsection [(d)](#d), [(e)](#e), [(f)](#f), or [(g)](#g).
- (n) **Air emissions—** Not later than thirty months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall promulgate such regulations for the monitoring and control of air emissions at [hazardous waste](/usc/42/6903.md?p=5) [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), and [disposal](/usc/42/6903.md?p=3) [facilities](/usc/42/11049.md?p=4), including but not limited to open tanks, surface impoundments, and landfills, as may be necessary to protect human health and the environment.
- (o) **Minimum technological requirements—**
  - (1) The regulations under [subsection (a)](#a) of this section shall be revised from time to time to take into account improvements in the technology of control and measurement. At a minimum, such regulations shall require, and a permit issued pursuant to [section 6925(c) of this title](/usc/42/6925.md?p=c) after November 8, 1984, by the [Administrator](/usc/42/6903.md?p=1) or a [State](/usc/42/6903.md?p=31) shall require—
    - (A) for each new landfill or surface impoundment, each new landfill or surface impoundment [unit](/usc/42/1395w–114b.md?p=g-2) at an existing [facility](/usc/42/11049.md?p=4), each replacement of an existing landfill or surface impoundment [unit](/usc/42/1395w–114b.md?p=g-2), and each lateral expansion of an existing landfill or surface impoundment [unit](/usc/42/1395w–114b.md?p=g-2), for which an application for a final determination regarding issuance of a permit under [section 6925(c) of this title](/usc/42/6925.md?p=c) is received after November 8, 1984—
      - (i) the installation of two or more liners and a leachate collection system above (in the case of a landfill) and between such liners; and
      - (ii) ground water monitoring; and
    - (B) for each incinerator which receives a permit under [section 6925(c) of this title](/usc/42/6925.md?p=c) after November 8, 1984, the attainment of the minimum destruction and [removal](/usc/42/9601.md?p=23) efficiency required by regulations in effect on June 24, 1982.

    The requirements of this paragraph shall apply with respect to all waste received after the issuance of the permit.

  - (2) [Paragraph (1)(A)(i)](#o-1-A-i) shall not apply if the [owner or operator](/usc/42/9601.md?p=20-B) demonstrates to the [Administrator](/usc/42/6903.md?p=1), and the [Administrator](/usc/42/6903.md?p=1) finds for such landfill or surface impoundment, that alternative design and operating [practices](/usc/42/17061.md?p=19), together with location characteristics, will prevent the migration of any hazardous constituents into the ground water or surface water at least as effectively as such liners and leachate collection systems.
  - (3) The double-liner requirement set forth in [paragraph (1)(A)(i)](#o-1-A-i) may be waived by the [Administrator](/usc/42/6903.md?p=1) for any monofill, if—
    - (A) such monofill contains only [hazardous wastes](/usc/42/6903.md?p=5) from foundry furnace emission controls or metal casting molding sand,
    - (B) such wastes do not contain constituents which would render the wastes hazardous for reasons other than the Extraction Procedure (“EP”) toxicity characteristics set forth in regulations under this subchapter, and
    - (C) such monofill meets the same requirements as are applicable in the case of a waiver under section [6925(j)(2)](/usc/42/6925.md?p=j-2) or [(4)](/usc/42/6925.md?p=j-4) of this title.
  - (4)
    - (A) Not later than thirty months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall promulgate [standards](/usc/42/1320d.md?p=7) requiring that new landfill [units](/usc/42/1395w–114b.md?p=g-2), surface impoundment [units](/usc/42/1395w–114b.md?p=g-2), waste piles, underground tanks and land [treatment](/usc/42/6903.md?p=34) [units](/usc/42/1395w–114b.md?p=g-2) for the [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), or [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md) shall be required to utilize [approved leak detection systems](#o-4-B-i).
    - (B) For the purposes of [subparagraph (A)](#o-4-A)—
      - (i) the term “approved leak detection system” means a system or technology which the [Administrator](/usc/42/6903.md?p=1) determines to be capable of detecting leaks of hazardous constituents at the earliest practicable time; and
      - (ii) the term “new units” means [units](/usc/42/1395w–114b.md?p=g-2) on which [construction](/usc/42/6903.md?p=2) commences after the date of promulgation of regulations under this paragraph.
  - (5)
    - (A) The [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations or issue guidance documents implementing the requirements of [paragraph (1)(A)](#o-1-A) within two years after November 8, 1984.
    - (B) Until the effective date of such regulations or guidance documents, the requirement for the installation of two or more liners may be satisfied by the installation of a top liner designed, operated, and constructed of materials to prevent the migration of any constituent into such liner during the period such [facility](/usc/42/11049.md?p=4) remains in operation (including any post-closure monitoring period), and a lower liner designed, operated[^2] and constructed to prevent the migration of any constituent through such liner during such period. For the purpose of the preceding sentence, a lower liner shall be deemed to satisfy such requirement if it is constructed of at least a 3-foot thick layer of recompacted clay or other natural material with a permeability of no more than 1×10<sup>−7</sup> centimeter per second.
  - (6) Any permit under [section 6925 of this title](/usc/42/6925.md) which is issued for a landfill located within the [State](/usc/42/6903.md?p=31) of Alabama shall require the installation of two or more liners and a leachate collection system above and between such liners, notwithstanding any other provision of this chapter.
  - (7) In addition to the requirements set forth in this subsection, the regulations referred to in [paragraph (1)](#o-1) shall specify criteria for the acceptable location of new and existing [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) [facilities](/usc/42/11049.md?p=4) as necessary to protect human health and the environment. Within 18 months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall publish guidance criteria identifying areas of vulnerable hydrogeology.
- (p) **Ground water monitoring—** The [standards](/usc/42/1320d.md?p=7) under this section concerning ground water monitoring which are applicable to surface impoundments, waste piles, land [treatment](/usc/42/6903.md?p=34) [units](/usc/42/1395w–114b.md?p=g-2), and landfills shall apply to such a [facility](/usc/42/11049.md?p=4) whether or not—
  - (1) the [facility](/usc/42/11049.md?p=4) is located above the seasonal high water table;
  - (2) two liners and a leachate collection system have been installed at the [facility](/usc/42/11049.md?p=4); or
  - (3) the [owner or operator](/usc/42/9601.md?p=20-B) inspects the liner (or liners) which has been installed at the [facility](/usc/42/11049.md?p=4).

  This subsection shall not be construed to affect other exemptions or waivers from such [standards](/usc/42/1320d.md?p=7) provided in regulations in effect on November 8, 1984, or as may be provided in revisions to those regulations, to the extent consistent with this subsection. The [Administrator](/usc/42/6903.md?p=1) is authorized on a case-by-case basis to exempt from ground water monitoring requirements under this section (including [subsection (o)](#o)) any engineered structure which the [Administrator](/usc/42/6903.md?p=1) 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](/usc/42/6903.md?p=1) concludes on the basis of such findings that there is a reasonable certainty hazardous constituents will not migrate beyond the outer layer of containment prior to the end of the period required for post-closure monitoring.

- (q) **Hazardous waste used as fuel—**
  - (1) Not later than two years after November 8, 1984, and after notice and opportunity for public hearing, the [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations establishing such—
    - (A) [standards](/usc/42/1320d.md?p=7) applicable to the [owners](/usc/42/13641.md?p=4) and operators of [facilities](/usc/42/11049.md?p=4) which produce a fuel—
      - (i) from any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md), or
      - (ii) from any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md) and any other material;
    - (B) [standards](/usc/42/1320d.md?p=7) applicable to the [owners](/usc/42/13641.md?p=4) and operators of [facilities](/usc/42/11049.md?p=4) which burn, for purposes of [energy](/usc/42/6311.md?p=7) recovery, any fuel produced as provided in [subparagraph (A)](#q-1-A) or any fuel which otherwise contains any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md); and
    - (C) [standards](/usc/42/1320d.md?p=7) applicable to any [person](/usc/42/6903.md?p=15) who distributes or markets any fuel which is produced as provided in [subparagraph (A)](#q-1-A) or any fuel which otherwise contains any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md);

    as may be necessary to protect human health and the environment. Such [standards](/usc/42/1320d.md?p=7) may include any of the requirements set forth in [paragraphs (1) through (7)](#a-1..a-7) of subsection (a) as may be appropriate. Nothing in this subsection shall be construed to affect or impair the provisions of [section 6921(b)(3) of this title](/usc/42/6921.md?p=b-3). For purposes of this subsection, the term “hazardous waste listed under [section 6921 of this title](/usc/42/6921.md)” includes any commercial chemical product which is listed under [section 6921 of this title](/usc/42/6921.md) 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)](#r), and [subsection (s)](#s) shall not apply to petroleum refinery wastes containing oil which are converted into petroleum coke at the same [facility](/usc/42/11049.md?p=4) 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](/usc/42/6903.md?p=5) under [section 6921 of this title](/usc/42/6921.md).
    - (B) The [Administrator](/usc/42/6903.md?p=1) may exempt from the requirements of this subsection, [subsection (r)](#r), or [subsection (s)](#s) [facilities](/usc/42/11049.md?p=4) which burn de minimis quantities of [hazardous waste](/usc/42/6903.md?p=5) as fuel, as defined by the [Administrator](/usc/42/6903.md?p=1), if the wastes are burned at the same [facility](/usc/42/11049.md?p=4) at which such wastes are generated; the waste is burned to recover useful [energy](/usc/42/6311.md?p=7), as determined by the [Administrator](/usc/42/6903.md?p=1) on the basis of the design and operating characteristics of the [facility](/usc/42/11049.md?p=4) and the heating value and other characteristics of the waste; and the waste is burned in a type of device determined by the [Administrator](/usc/42/6903.md?p=1) to be designed and operated at a destruction and [removal](/usc/42/9601.md?p=23) efficiency sufficient such that protection of human health and environment is assured.
    - (C)
      - (i) After November 8, 1984, and until [standards](/usc/42/1320d.md?p=7) are promulgated and in effect under paragraph (2) of this subsection, no fuel which contains any [hazardous waste](/usc/42/6903.md?p=5) may be burned in any cement kiln which is located within the boundaries of any incorporated [municipality](/usc/42/6903.md?p=13) with a population greater than five hundred thousand (based on the most recent census statistics) unless such kiln fully complies with regulations (as in effect on November 8, 1984) under this subchapter which are applicable to incinerators.
      - (ii) Any [person](/usc/42/6903.md?p=15) who knowingly violates the prohibition contained in [clause (i)](#q-2-C-i) shall be deemed to have violated [section 6928(d)(2) of this title](/usc/42/6928.md?p=d-2).
- (r) **Labeling—**
  - (1) Notwithstanding any other provision of law, until such time as the [Administrator](/usc/42/6903.md?p=1) promulgates [standards](/usc/42/1320d.md?p=7) under [subsection (q)](#q) specifically superceding this requirement, it shall be unlawful for any [person](/usc/42/6903.md?p=15) who is required to file a notification in accordance with paragraph (1) or (3) of [section 6930 of this title](/usc/42/6930.md) to distribute or market any fuel which is produced from any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md), or any fuel which otherwise contains any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md) if the invoice or the bill of sale fails—
    - (A) to bear the following statement: “WARNING: THIS FUEL CONTAINS [HAZARDOUS WASTES](/usc/42/6903.md?p=5)”, and
    - (B) to list the [hazardous wastes](/usc/42/6903.md?p=5) contained therein.

    Beginning ninety days after November 8, 1984, such statement shall be located in a conspicuous place on every such invoice or bill of sale and shall appear in conspicuous and legible type in contrast by typography, layouts, or color with other printed matter on the invoice or bill of sale.

  - (2) Unless the [Administrator](/usc/42/6903.md?p=1) determines otherwise as may be necessary to protect human health and the environment, this subsection shall not apply to fuels produced from petroleum refining waste containing oil if—
    - (A) such materials are generated and reinserted onsite into the refining process;
    - (B) [contaminants](/usc/42/1397h.md?p=c-4) are removed; and
    - (C) such refining waste containing oil is converted along with normal process streams into petroleum-derived fuel products at a [facility](/usc/42/11049.md?p=4) at which crude oil is refined into petroleum products and which is classified as a number SIC 2911 [facility](/usc/42/11049.md?p=4) under the [Office](/usc/42/3058f.md?p=1) of Management and Budget [Standard](/usc/42/1320d.md?p=7) Industrial Classification Manual.
  - (3) Unless the [Administrator](/usc/42/6903.md?p=1) determines otherwise as may be necessary to protect human health and the environment, this subsection shall not apply to fuels produced from oily materials, resulting from normal petroleum refining, production and transportation [practices](/usc/42/17061.md?p=19), if (A) [contaminants](/usc/42/1397h.md?p=c-4) are removed; and (B) such oily materials are converted along with normal process streams into petroleum-derived fuel products at a [facility](/usc/42/11049.md?p=4) at which crude oil is refined into petroleum products and which is classified as a number SIC 2911 [facility](/usc/42/11049.md?p=4) under the [Office](/usc/42/3058f.md?p=1) of Management and Budget [Standard](/usc/42/1320d.md?p=7) Industrial Classification Manual.
- (s) **Recordkeeping—** Not later than fifteen months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations requiring that any [person](/usc/42/6903.md?p=15) who is required to file a notification in accordance with subparagraph (1), (2), or (3), of [section 6930(a) of this title](/usc/42/6930.md?p=a) shall maintain such records regarding fuel blending, distribution, or use as may be necessary to protect human health and the environment.
- (t) **Financial responsibility provisions—**
  - (1) Financial responsibility required by [subsection (a)](#a) of this section may be established in accordance with regulations promulgated by the [Administrator](/usc/42/6903.md?p=1) by any one, or any combination, of the following: insurance, guarantee, surety bond, letter of credit, or qualification as a self-insurer. In promulgating requirements under this section, the [Administrator](/usc/42/6903.md?p=1) is authorized to specify policy or other contractual terms, conditions, or defenses which are necessary or are unacceptable in establishing such evidence of financial responsibility in order to effectuate the purposes of this chapter.
  - (2) In any case where the [owner or operator](/usc/42/9601.md?p=20-B) is in bankruptcy, reorganization, or arrangement pursuant to the Federal Bankruptcy Code or where (with reasonable diligence) jurisdiction in any [State](/usc/42/6903.md?p=31) court or any Federal Court cannot be obtained over an [owner or operator](/usc/42/9601.md?p=20-B) likely to be solvent at the time of judgment, any [claim](/usc/42/1320a–7a.md?p=i-2) arising from conduct for which evidence of financial responsibility must be provided under this section may be asserted directly against the [guarantor](#t-4) providing such evidence of financial responsibility. In the case of any action pursuant to this subsection, such [guarantor](#t-4) shall be entitled to invoke all rights and defenses which would have been available to the [owner or operator](/usc/42/9601.md?p=20-B) if any action had been brought against the [owner or operator](/usc/42/9601.md?p=20-B) by the claimant and which would have been available to the [guarantor](#t-4) if an action had been brought against the [guarantor](#t-4) by the [owner or operator](/usc/42/9601.md?p=20-B).
  - (3) The total liability of any [guarantor](#t-4) shall be limited to the aggregate amount which the [guarantor](#t-4) has provided as evidence of financial responsibility to the [owner or operator](/usc/42/9601.md?p=20-B) under this chapter. Nothing in this subsection shall be construed to limit any other [State](/usc/42/6903.md?p=31) or Federal statutory, contractual or common law liability of a [guarantor](#t-4) to its [owner or operator](/usc/42/9601.md?p=20-B) including, but not limited to, the liability of such [guarantor](#t-4) for bad faith either in negotiating or in failing to negotiate the settlement of any [claim](/usc/42/1320a–7a.md?p=i-2). Nothing in this subsection shall be construed to diminish the liability of any [person](/usc/42/6903.md?p=15) under section [9607](/usc/42/9607.md) or [9611](/usc/42/9611.md) of this title or other applicable law.
  - (4) For the purpose of this subsection, the term “guarantor” means any [person](/usc/42/6903.md?p=15), other than the [owner or operator](/usc/42/9601.md?p=20-B), who provides evidence of financial responsibility for an [owner or operator](/usc/42/9601.md?p=20-B) under this section.
- (u) **Continuing releases at permitted facilities—** [Standards](/usc/42/1320d.md?p=7) promulgated under this section shall require, and a permit issued after November 8, 1984, by the [Administrator](/usc/42/6903.md?p=1) or a [State](/usc/42/6903.md?p=31) shall require, corrective action for all [releases](/usc/42/9601.md?p=22) of [hazardous waste](/usc/42/6903.md?p=5) or constituents from any [solid waste management](/usc/42/6903.md?p=28) [unit](/usc/42/1395w–114b.md?p=g-2) at a [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4) seeking a permit under this subchapter, regardless of the time at which waste was placed in such [unit](/usc/42/1395w–114b.md?p=g-2). Permits issued under [section 6925 of this title](/usc/42/6925.md) shall contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing such corrective action.
- (v) **Corrective action beyond facility boundary—** As promptly as practicable after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall amend the [standards](/usc/42/1320d.md?p=7) under this section regarding corrective action required at [facilities](/usc/42/11049.md?p=4) for the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3), of [hazardous waste](/usc/42/6903.md?p=5) listed or identified under [section 6921 of this title](/usc/42/6921.md) to require that corrective action be taken beyond the [facility](/usc/42/11049.md?p=4) boundary where necessary to protect human health and the environment unless the [owner or operator](/usc/42/9601.md?p=20-B) of the [facility](/usc/42/11049.md?p=4) concerned demonstrates to the satisfaction of the [Administrator](/usc/42/6903.md?p=1) that, despite the [owner or operator](/usc/42/9601.md?p=20-B)’s best efforts, the [owner or operator](/usc/42/9601.md?p=20-B) was unable to obtain the necessary permission to undertake such action. Such regulations shall take effect immediately upon promulgation, notwithstanding [section 6930(b) of this title](/usc/42/6930.md?p=b), and shall apply to—
  - (1) all [facilities](/usc/42/11049.md?p=4) operating under permits issued under [subsection (c)](#c), and
  - (2) all landfills, surface impoundments, and waste pile [units](/usc/42/1395w–114b.md?p=g-2) (including any new units, replacements of existing [units](/usc/42/1395w–114b.md?p=g-2), or lateral expansions of existing [units](/usc/42/1395w–114b.md?p=g-2)) which receive [hazardous waste](/usc/42/6903.md?p=5) after July 26, 1982.

  Pending promulgation of such regulations, the [Administrator](/usc/42/6903.md?p=1) shall issue corrective action orders for [facilities](/usc/42/11049.md?p=4) referred to in paragraphs [(1)](#v-1) and [(2)](#v-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](/usc/42/6903.md?p=1) shall promulgate final permitting [standards](/usc/42/1320d.md?p=7) under this section for underground tanks that cannot be entered for [inspection](/usc/42/4851b.md?p=12). Within forty-eight months after November 8, 1984, such [standards](/usc/42/1320d.md?p=7) shall be [modified](/usc/42/7501.md?p=4), if necessary, to cover at a minimum all requirements and [standards](/usc/42/1320d.md?p=7) described in [section 6991b of this title](/usc/42/6991b.md).
- (x) **Mining and other special wastes—** If (1) [solid waste](/usc/42/6903.md?p=27) from the extraction, beneficiation or processing of ores and minerals, including phosphate rock and overburden from the mining of uranium, (2) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, or (3) cement kiln dust waste, is subject to regulation under this subchapter, the [Administrator](/usc/42/6903.md?p=1) is authorized to modify the requirements of subsections [(c)](#c), [(d)](#d), [(e)](#e), [(f)](#f), [(g)](#g), [(o)](#o), and [(u)](#u) and [section 6925(j) of this title](/usc/42/6925.md?p=j), in the case of landfills or surface impoundments receiving such [solid waste](/usc/42/6903.md?p=27), to take into account the special characteristics of such wastes, the practical difficulties associated with [implementation](/usc/42/6903.md?p=8) 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](/usc/42/7501.md?p=4) requirements assure protection of human health and the environment.
- (y) **Munitions—**
  - (1) Not later than 6 months after October 6, 1992, the [Administrator](/usc/42/6903.md?p=1) shall propose, after consulting with the [Secretary](/usc/42/242q–4.md?p=2) of Defense and appropriate [State](/usc/42/6903.md?p=31) officials, regulations identifying when [military munitions](#y-2) become [hazardous waste](/usc/42/6903.md?p=5) for purposes of this subchapter and providing for the safe transportation and [storage](/usc/42/6903.md?p=33) of such waste. Not later than 24 months after October 6, 1992, and after notice and opportunity for comment, the [Administrator](/usc/42/6903.md?p=1) shall promulgate such regulations. Any such regulations shall assure protection of human health and the environment.
  - (2) For purposes of this subsection, the term “military munitions” includes chemical and conventional munitions.

# §6925. Permits for treatment, storage, or disposal of hazardous waste

- (a) **Permit requirements—** Not later than eighteen months after October 21, 1976, the [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations requiring each [person](/usc/42/6903.md?p=15) owning or operating an existing [facility](/usc/42/11049.md?p=4) or planning to construct a new [facility](/usc/42/11049.md?p=4) for the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter to have a permit issued pursuant to this section. Such regulations shall take effect on the date provided in [section 6930 of this title](/usc/42/6930.md) and upon and after such date the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of any such [hazardous waste](/usc/42/6903.md?p=5) and the [construction](/usc/42/6903.md?p=2) of any new [facility](/usc/42/11049.md?p=4) for the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of any such [hazardous waste](/usc/42/6903.md?p=5) is prohibited except in accordance with such a permit. No permit shall be required under this section in order to construct a [facility](/usc/42/11049.md?p=4) if such [facility](/usc/42/11049.md?p=4) is constructed pursuant to an approval issued by the [Administrator](/usc/42/6903.md?p=1) under [section 2605(e) of title 15](/usc/15/2605.md?p=e) for the incineration of polychlorinated biphenyls and any [person](/usc/42/6903.md?p=15) owning or operating such a [facility](/usc/42/11049.md?p=4) may, at any time after operation or [construction](/usc/42/6903.md?p=2) of such [facility](/usc/42/11049.md?p=4) has begun, file an application for a permit pursuant to this section authorizing such [facility](/usc/42/11049.md?p=4) to incinerate [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter.
- (b) **Requirements of permit application—** Each application for a permit under this section shall contain such information as may be required under regulations promulgated by the [Administrator](/usc/42/6903.md?p=1), including information respecting—
  - (1) estimates with respect to the composition, quantities, and concentrations of any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter, or combinations of any such [hazardous waste](/usc/42/6903.md?p=5) and any other [solid waste](/usc/42/6903.md?p=27), proposed to be disposed of, treated, transported, or stored, and the time, frequency, or rate of which such waste is proposed to be disposed of, treated, transported, or stored; and
  - (2) the site at which such [hazardous waste](/usc/42/6903.md?p=5) or the products of [treatment](/usc/42/6903.md?p=34) of such [hazardous waste](/usc/42/6903.md?p=5) will be disposed of, treated, transported to, or stored.
- (c) **Permit issuance—**
  - (1) Upon a determination by the [Administrator](/usc/42/6903.md?p=1) (or a [State](/usc/42/6903.md?p=31), if applicable), of compliance by a [facility](/usc/42/11049.md?p=4) for which a permit is applied for under this section with the requirements of this section and [section 6924 of this title](/usc/42/6924.md), the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31)) shall issue a permit for such [facilities](/usc/42/11049.md?p=4). In the event permit applicants propose [modification](/usc/42/7501.md?p=4) of their [facilities](/usc/42/11049.md?p=4), or in the event the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31)) determines that [modifications](/usc/42/7501.md?p=4) are necessary to conform to the requirements under this section and [section 6924 of this title](/usc/42/6924.md), the permit shall specify the time allowed to complete the [modifications](/usc/42/7501.md?p=4).
  - (2)
    - (A)
      - (i) Not later than the date four years after November 8, 1984, in the case of each application under this subsection for a permit for a land [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4) which was submitted before such date, the [Administrator](/usc/42/6903.md?p=1) shall issue a final permit pursuant to such application or issue a final denial of such application.
      - (ii) Not later than the date five years after November 8, 1984, in the case of each application for a permit under this subsection for an incinerator [facility](/usc/42/11049.md?p=4) which was submitted before such date, the [Administrator](/usc/42/6903.md?p=1) shall issue a final permit pursuant to such application or issue a final denial of such application.
    - (B) Not later than the date eight years after November 8, 1984, in the case of each application for a permit under this subsection for any [facility](/usc/42/11049.md?p=4) (other than a [facility](/usc/42/11049.md?p=4) referred to in [subparagraph (A)](#c-2-A)) which was submitted before such date, the [Administrator](/usc/42/6903.md?p=1) shall issue a final permit pursuant to such application or issue a final denial of such application.
    - (C) The time periods specified in this paragraph shall also apply in the case of any [State](/usc/42/6903.md?p=31) which is administering an authorized [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4) under [section 6926 of this title](/usc/42/6926.md). Interim status under [subsection (e)](#e) shall terminate for each [facility](/usc/42/11049.md?p=4) referred to in subparagraph [(A)(ii)](#c-2-A-ii) or [(B)](#c-2-B) on the expiration of the five- or eight-year period referred to in subparagraph [(A)](#c-2-A) or [(B)](#c-2-B), whichever is applicable, unless the [owner or operator](/usc/42/9601.md?p=20-B) of the [facility](/usc/42/11049.md?p=4) applies for a final determination regarding the issuance of a permit under this subsection within—
      - (i) two years after November 8, 1984 (in the case of a [facility](/usc/42/11049.md?p=4) referred to in [subparagraph (A)(ii)](#c-2-A-ii)), or
      - (ii) four years after November 8, 1984 (in the case of a [facility](/usc/42/11049.md?p=4) referred to in [subparagraph (B)](#c-2-B)).
  - (3) Any permit under this section shall be for a fixed term, not to exceed 10 years in the case of any land [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4), [storage](/usc/42/6903.md?p=33) [facility](/usc/42/11049.md?p=4), or incinerator or other [treatment](/usc/42/6903.md?p=34) [facility](/usc/42/11049.md?p=4). Each permit for a land [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4) shall be reviewed five years after date of issuance or reissuance and shall be [modified](/usc/42/7501.md?p=4) as necessary to assure that the [facility](/usc/42/11049.md?p=4) continues to comply with the currently applicable requirements of this section and [section 6924 of this title](/usc/42/6924.md). Nothing in this subsection shall preclude the [Administrator](/usc/42/6903.md?p=1) 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](/usc/42/6903.md?p=31) 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](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31)) determines necessary to protect human health and the environment.
- (d) **Permit revocation—** Upon a determination by the [Administrator](/usc/42/6903.md?p=1) (or by a [State](/usc/42/6903.md?p=31), in the case of a [State](/usc/42/6903.md?p=31) having an authorized [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4) under [section 6926 of this title](/usc/42/6926.md)) of noncompliance by a [facility](/usc/42/11049.md?p=4) having a permit under this chapter with the requirements of this section or [section 6924 of this title](/usc/42/6924.md), the [Administrator](/usc/42/6903.md?p=1) (or [State](/usc/42/6903.md?p=31), in the case of a [State](/usc/42/6903.md?p=31) having an authorized [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4) under [section 6926 of this title](/usc/42/6926.md)) shall revoke such permit.
- (e) **Interim status—**
  - (1) Any [person](/usc/42/6903.md?p=15) who—
    - (A) owns or operates a [facility](/usc/42/11049.md?p=4) required to have a permit under this section which [facility](/usc/42/11049.md?p=4)—
      - (i) was in existence on November 19, 1980, or
      - (ii) is in existence on the effective date of statutory or regulatory changes under this chapter that render the [facility](/usc/42/11049.md?p=4) subject to the requirement to have a permit under this section,
    - (B) has complied with the requirements of [section 6930(a) of this title](/usc/42/6930.md?p=a), and
    - (C) has made an application for a permit under this section,

    shall be treated as having been issued such permit until such time as final administrative disposition of such application is made, unless the [Administrator](/usc/42/6903.md?p=1) or other plaintiff proves that final administrative disposition of such application has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the application. This paragraph shall not apply to any [facility](/usc/42/11049.md?p=4) which has been previously denied a permit under this section or if authority to operate the [facility](/usc/42/11049.md?p=4) under this section has been previously terminated.

  - (2) In the case of each land [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4) which has been granted interim status under this subsection before November 8, 1984, interim status shall terminate on the date twelve months after November 8, 1984, unless the [owner or operator](/usc/42/9601.md?p=20-B) of such [facility](/usc/42/11049.md?p=4)—
    - (A) applies for a final determination regarding the issuance of a permit under [subsection (c)](#c) for such [facility](/usc/42/11049.md?p=4) before the date twelve months after November 8, 1984; and
    - (B) certifies that such [facility](/usc/42/11049.md?p=4) is in compliance with all applicable groundwater monitoring and financial responsibility requirements.
  - (3) In the case of each land [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4) which is in existence on the effective date of statutory or regulatory changes under this chapter that render the [facility](/usc/42/11049.md?p=4) 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](/usc/42/11049.md?p=4) first becomes subject to such permit requirement unless the [owner or operator](/usc/42/9601.md?p=20-B) of such [facility](/usc/42/11049.md?p=4)—
    - (A) applies for a final determination regarding the issuance of a permit under [subsection (c)](#c) for such [facility](/usc/42/11049.md?p=4) before the date twelve months after the date on which the [facility](/usc/42/11049.md?p=4) first becomes subject to such permit requirement; and
    - (B) certifies that such [facility](/usc/42/11049.md?p=4) is in compliance with all applicable groundwater monitoring and financial responsibility requirements.
- (f) **Coal mining wastes and reclamation permits—** Notwithstanding [subsection (a) through (e)](#a..e) of this section, any surface coal mining and reclamation permit covering any coal mining wastes or overburden which has been issued or approved under the Surface Mining Control and Reclamation Act of 1977 [[30 U.S.C. 1201](/usc/30/1201.md) et seq.] shall be deemed to be a permit issued pursuant to this section with respect to the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of such wastes or overburden. Regulations promulgated by the [Administrator](/usc/42/6903.md?p=1) under this subchapter shall not be applicable to [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of coal mining wastes and overburden which are covered by such a permit.
- (g) **Research, development, and demonstration permits—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) may issue a research, development, and [demonstration](/usc/42/6903.md?p=2A) permit for any [hazardous waste](/usc/42/6903.md?p=5) [treatment](/usc/42/6903.md?p=34) [facility](/usc/42/11049.md?p=4) which proposes to utilize an innovative and experimental [hazardous waste](/usc/42/6903.md?p=5) [treatment](/usc/42/6903.md?p=34) technology or process for which permit [standards](/usc/42/1320d.md?p=7) for such experimental activity have not been promulgated under this subchapter. Any such permit shall include such terms and conditions as will assure protection of human health and the environment. Such permits—
    - (A) shall provide for the [construction](/usc/42/6903.md?p=2) of such [facilities](/usc/42/11049.md?p=4), as necessary, and for operation of the [facility](/usc/42/11049.md?p=4) for not longer than one year (unless renewed as provided in [paragraph (4)](#g-4)), and
    - (B) shall provide for the receipt and [treatment](/usc/42/6903.md?p=34) by the [facility](/usc/42/11049.md?p=4) of only those types and quantities of [hazardous waste](/usc/42/6903.md?p=5) which the [Administrator](/usc/42/6903.md?p=1) deems necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of such technology or process on human health and the environment, and
    - (C) shall include such requirements as the [Administrator](/usc/42/6903.md?p=1) deems necessary to protect human health and the environment (including, but not limited to, requirements regarding monitoring, operation, insurance or bonding, financial reponsibility,[^1] closure, and remedial action), and such requirements as the [Administrator](/usc/42/6903.md?p=1) deems necessary regarding testing and providing of information to the [Administrator](/usc/42/6903.md?p=1) with respect to the operation of the [facility](/usc/42/11049.md?p=4).

    The [Administrator](/usc/42/6903.md?p=1) may apply the criteria set forth in this paragraph in establishing the conditions of each permit without separate establishment of regulations implementing such criteria.

  - (2) For the purpose of expediting review and issuance of permits under this subsection, the [Administrator](/usc/42/6903.md?p=1) may, consistent with the protection of human health and the environment, modify or waive permit application and permit issuance requirements established in the [Administrator](/usc/42/6903.md?p=1)’s general permit regulations except that there may be no [modification](/usc/42/7501.md?p=4) or waiver of regulations regarding financial responsibility (including insurance) or of procedures established under [section 6974(b)(2) of this title](/usc/42/6974.md?p=b-2) regarding public participation.
  - (3) The [Administrator](/usc/42/6903.md?p=1) may order an immediate termination of all operations at the [facility](/usc/42/11049.md?p=4) at any time he determines that termination is necessary to protect human health and the environment.
  - (4) Any permit issued under this subsection may be renewed not more than three times. Each such renewal shall be for a period of not more than 1 year.
- (h) **Waste minimization—** Effective September 1, 1985, it shall be a condition of any permit issued under this section for the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5) 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](/usc/42/6903.md?p=5) has a [program](/usc/42/274l–1.md?p=4) in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and
  - (2) the proposed method of [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment.
- (i) **Interim status facilities receiving wastes after July 26, 1982—** The [standards](/usc/42/1320d.md?p=7) concerning ground water monitoring, unsaturated zone monitoring, and corrective action, which are applicable under [section 6924 of this title](/usc/42/6924.md) to new landfills, surface impoundments, land [treatment](/usc/42/6903.md?p=34) [units](/usc/42/1395w–114b.md?p=g-2), and waste-pile [units](/usc/42/1395w–114b.md?p=g-2) required to be permitted under [subsection (c)](#c) shall also apply to any landfill, surface impoundment, land [treatment](/usc/42/6903.md?p=34) [unit](/usc/42/1395w–114b.md?p=g-2), or waste-pile [unit](/usc/42/1395w–114b.md?p=g-2) qualifying for the [authorization](/usc/42/4370m.md?p=3) to operate under [subsection (e)](#e) which receives [hazardous waste](/usc/42/6903.md?p=5) after July 26, 1982.
- (j) **Interim status surface impoundments—**
  - (1) Except as provided in paragraph [(2)](#j-2), [(3)](#j-3), or [(4)](#j-4), each surface impoundment in existence on November 8, 1984, and qualifying for the [authorization](/usc/42/4370m.md?p=3) to operate under [subsection (e)](#e) of this section shall not receive, store, or treat [hazardous waste](/usc/42/6903.md?p=5) after the date four years after November 8, 1984, unless such surface impoundment is in compliance with the requirements of [section 6924(o)(1)(A)](/usc/42/6924.md?p=o-1-A) of this title which would apply to such impoundment if it were new.
  - (2) Paragraph (1) of this subsection shall not apply to any surface impoundment which (A) has at least one [liner](#j-12-A), for which there is no evidence that such [liner](#j-12-A) is leaking; (B) is located more than one-quarter mile from an [underground source of drinking water](/usc/42/6924.md?p=c-3); and (C) is in compliance with generally applicable ground water monitoring requirements for [facilities](/usc/42/11049.md?p=4) with permits under [subsection (c)](#c) of this section.
  - (3) Paragraph (1) of this subsection shall not apply to any surface impoundment which (A) contains treated waste water during the secondary or subsequent phases of an [aggressive biological treatment facility](#j-12-B) subject to a permit issued under [section 1342 of title 33](/usc/33/1342.md) (or which holds such treated waste water after [treatment](/usc/42/6903.md?p=34) and prior to discharge); (B) is in compliance with generally applicable ground water monitoring requirements for [facilities](/usc/42/11049.md?p=4) with permits under [subsection (c)](#c) of this section; and (C)(i) is part of a [facility](/usc/42/11049.md?p=4) in compliance with [section 1311(b)(2) of title 33](/usc/33/1311.md?p=b-2), or (ii) in the case of a [facility](/usc/42/11049.md?p=4) for which no effluent guidelines required under [section 1314(b)(2) of title 33](/usc/33/1314.md?p=b-2) are in effect and no permit under [section 1342(a)(1) of title 33](/usc/33/1342.md?p=a-1) implementing [section 1311(b)(2) of title 33](/usc/33/1311.md?p=b-2) has been issued, is part of a [facility](/usc/42/11049.md?p=4) in compliance with a permit under [section 1342 of title 33](/usc/33/1342.md), which is achieving significant degradation of toxic [pollutants](/usc/42/1397h.md?p=c-4) and hazardous constituents contained in the untreated waste stream and which has identified those toxic [pollutants](/usc/42/1397h.md?p=c-4) and hazardous constituents in the untreated waste stream to the appropriate permitting authority.
  - (4) The [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31), in the case of a [State](/usc/42/6903.md?p=31) with an authorized [program](/usc/42/274l–1.md?p=4)), after notice and opportunity for comment, may modify the requirements of [paragraph (1)](#j-1) for any surface impoundment if the [owner or operator](/usc/42/9601.md?p=20-B) demonstrates that such surface impoundment is located, designed and operated so as to assure that there will be no migration of any hazardous constitutent[^2] into ground water or surface water at any future time. The [Administrator](/usc/42/6903.md?p=1) or the [State](/usc/42/6903.md?p=31) shall take into account locational criteria established under [section 6924(o)(7)](/usc/42/6924.md?p=o-7) of this title.
  - (5) The [owner or operator](/usc/42/9601.md?p=20-B) of any surface impoundment potentially subject to [paragraph (1)](#j-1) who has reason to believe that on the basis of paragraph [(2)](#j-2), [(3)](#j-3), or [(4)](#j-4) such surface impoundment is not required to comply with the requirements of [paragraph (1)](#j-1), shall apply to the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31), in the case of a [State](/usc/42/6903.md?p=31) with an authorized [program](/usc/42/274l–1.md?p=4)) not later than twenty-four months after November 8, 1984, for a determination of the applicability of [paragraph (1)](#j-1) (in the case of paragraph [(2)](#j-2) or [(3)](#j-3)) or for a [modification](/usc/42/7501.md?p=4) of the requirements of [paragraph (1)](#j-1) (in the case of [paragraph (4)](#j-4)), with respect to such surface impoundment. Such [owner or operator](/usc/42/9601.md?p=20-B) shall provide, with such application, evidence pertinent to such decision, including:
    - (A) an application for a final determination regarding the issuance of a permit under [subsection (c)](#c) of this section for such [facility](/usc/42/11049.md?p=4), if not previously submitted;
    - (B) evidence as to compliance with all applicable ground water monitoring requirements and the information and analysis from such monitoring;
    - (C) all reasonably ascertainable evidence as to whether such surface impoundment is leaking; and
    - (D) in the case of applications under paragraph [(2)](#j-2) or [(3)](#j-3), a certification by a registered professional engineer with academic [training](/usc/42/285e–2.md?p=b-2) and experience in ground water hydrology that—
      - (i) under [paragraph (2)](#j-2), the [liner](#j-12-A) of such surface impoundment is designed, constructed, and operated in accordance with applicable requirements, such surface impoundment is more than one-quarter mile from an [underground source of drinking water](/usc/42/6924.md?p=c-3) and there is no evidence such [liner](#j-12-A) is leaking; or
      - (ii) under [paragraph (3)](#j-3), based on analysis of those toxic [pollutants](/usc/42/1397h.md?p=c-4) and hazardous constituents that are likely to be present in the untreated waste stream, such impoundment satisfies the conditions of [paragraph (3)](#j-3).

    In the case of any surface impoundment for which the [owner or operator](/usc/42/9601.md?p=20-B) fails to apply under this paragraph within the time provided by this paragraph or [paragraph (6)](#j-6), such surface impoundment shall comply with [paragraph (1)](#j-1) notwithstanding paragraph [(2)](#j-2), [(3)](#j-3), or [(4)](#j-4). Within twelve months after receipt of such application and evidence and not later than thirty-six months after November 8, 1984, and after notice and opportunity to comment, the [Administrator](/usc/42/6903.md?p=1) (or, if appropriate, the [State](/usc/42/6903.md?p=31)) shall advise such [owner or operator](/usc/42/9601.md?p=20-B) on the applicability of [paragraph (1)](#j-1) to such surface impoundment or as to whether and how the requirements of [paragraph (1)](#j-1) shall be [modified](/usc/42/7501.md?p=4) and applied to such surface impoundment.

  - (6)
    - (A) In any case in which a surface impoundment becomes subject to [paragraph (1)](#j-1) after November 8, 1984, due to the promulgation of additional listings or characteristics for the identification of [hazardous waste](/usc/42/6903.md?p=5) under [section 6921 of this title](/usc/42/6921.md), the period for compliance in [paragraph (1)](#j-1) shall be four years after the date of such promulgation, the period for [demonstrations](/usc/42/6903.md?p=2A) under [paragraph (4)](#j-4) and for submission of evidence under [paragraph (5)](#j-5) shall be not later than twenty-four months after the date of such promulgation, and the period for the [Administrator](/usc/42/6903.md?p=1) (or if appropriate, the [State](/usc/42/6903.md?p=31)) to advise such [owners](/usc/42/13641.md?p=4) or operators under [paragraph (5)](#j-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)](#j-1) but due to a change in condition (including the existence of a leak) no longer satisfies the provisions of paragraph [(2)](#j-2), [(3)](#j-3), or [(4)](#j-4) and therefore becomes subject to [paragraph (1)](#j-1), the period for compliance in [paragraph (1)](#j-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)](#j-3) three years after such date of discovery.
  - (7)
    - (A) The [Administrator](/usc/42/6903.md?p=1) shall study and report to the Congress on the number, range of size, [construction](/usc/42/6903.md?p=2), likelihood of hazardous constituents migrating into ground water, and potential threat to human health and the environment of existing surface impoundments excluded by [paragraph (3)](#j-3) from the requirements of [paragraph (1)](#j-1). Such report shall address the need, feasibility, and estimated costs of subjecting such existing surface impoundments to the requirements of [paragraph (1)](#j-1).
    - (B) In the case of any existing surface impoundment or class of surface impoundments from which the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31), in the case of a [State](/usc/42/6903.md?p=31) with an authorized [program](/usc/42/274l–1.md?p=4)) determines hazardous constituents are likely to migrate into ground water, the [Administrator](/usc/42/6903.md?p=1) (or if appropriate, the [State](/usc/42/6903.md?p=31)) is authorized to impose such requirements as may be necessary to protect human health and the environment, including the requirements of [section 6924(o)](/usc/42/6924.md?p=o) of this title which would apply to such impoundments if they were new.
    - (C) In the case of any surface impoundment excluded by [paragraph (3)](#j-3) from the requirements of [paragraph (1)](#j-1) which is subsequently determined to be leaking, the [Administrator](/usc/42/6903.md?p=1) (or, if appropriate, the [State](/usc/42/6903.md?p=31)) shall require compliance with [paragraph (1)](#j-1), unless the [Administrator](/usc/42/6903.md?p=1) (or, if appropriate, the [State](/usc/42/6903.md?p=31)) 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](#j-12-A) and leak detection system have been installed pursuant to the requirements of [paragraph (1)](#j-1) and in good faith compliance with [section 6924(o)](/usc/42/6924.md?p=o) of this title and the [Administrator](/usc/42/6903.md?p=1)’s regulations and guidance documents governing [liners](#j-12-A) and leak detection systems, no [liner](#j-12-A) or leak detection system which is different from that which was so installed pursuant to [paragraph (1)](#j-1) shall be required for such [unit](/usc/42/1395w–114b.md?p=g-2) by the [Administrator](/usc/42/6903.md?p=1) when issuing the first permit under this section to such [facility](/usc/42/11049.md?p=4). Nothing in this paragraph shall preclude the [Administrator](/usc/42/6903.md?p=1) from requiring installation of a new [liner](#j-12-A) when the [Administrator](/usc/42/6903.md?p=1) has reason to believe that any [liner](#j-12-A) installed pursuant to the requirements of this subsection is leaking.
  - (9) In the case of any surface impoundment which has been excluded by [paragraph (2)](#j-2) on the basis of a [liner](#j-12-A) meeting the definition under [paragraph (12)(A)(ii)](#j-12-A-ii), at the closure of such impoundment the [Administrator](/usc/42/6903.md?p=1) shall require the [owner or operator](/usc/42/9601.md?p=20-B) of such impoundment to [remove](/usc/42/9601.md?p=23) or decontaminate all waste residues, all contaminated [liner](#j-12-A) material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the [owner or operator](/usc/42/9601.md?p=20-B) of such impoundment shall be required to comply with appropriate post-closure requirements, including but not limited to ground water monitoring and corrective action.
  - (10) Any incremental cost attributable to the requirements of this subsection or [section 6924(o)](/usc/42/6924.md?p=o) of this title shall not be considered by the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31), in the case of a [State](/usc/42/6903.md?p=31) with an authorized [program](/usc/42/274l–1.md?p=4) under [section 1342 of title 33](/usc/33/1342.md))—
    - (A) in establishing effluent limitations and [standards](/usc/42/1320d.md?p=7) under section [1311](/usc/33/1311.md), [1314](/usc/33/1314.md), [1316](/usc/33/1316.md), [1317](/usc/33/1317.md), or [1342](/usc/33/1342.md) of title 33 based on effluent limitations guidelines and [standards](/usc/42/1320d.md?p=7) promulgated any time before twelve months after November 8, 1984; or
    - (B) in establishing any other effluent limitations to carry out the provisions of section [1311](/usc/33/1311.md), [1317](/usc/33/1317.md), or [1342](/usc/33/1342.md) of title 33 on or before October 1, 1986.
  - (11)
    - (A) If the [Administrator](/usc/42/6903.md?p=1) allows a [hazardous waste](/usc/42/6903.md?p=5) which is prohibited from one or more methods of land [disposal](/usc/42/6903.md?p=3) under subsection (d), (e), or (g) of [section 6924 of this title](/usc/42/6924.md) (or under regulations promulgated by the [Administrator](/usc/42/6903.md?p=1) under such subsections) to be placed in a surface impoundment (which is operating pursuant to interim status) for [storage](/usc/42/6903.md?p=33) or [treatment](/usc/42/6903.md?p=34), such impoundment shall meet the requirements that are applicable to new surface impoundments under [section 6924(o)(1)](/usc/42/6924.md?p=o-1) of this title, unless such impoundment meets the requirements of paragraph [(2)](#j-2) or [(4)](#j-4).
    - (B) In the case of any [hazardous waste](/usc/42/6903.md?p=5) which is prohibited from one or more methods of land [disposal](/usc/42/6903.md?p=3) under subsection (d), (e), or (g) of [section 6924 of this title](/usc/42/6924.md) (or under regulations promulgated by the [Administrator](/usc/42/6903.md?p=1) under such subsection) the placement or maintenance of such [hazardous waste](/usc/42/6903.md?p=5) in a surface impoundment for [treatment](/usc/42/6903.md?p=34) is prohibited as of the effective date of such prohibition unless the [treatment](/usc/42/6903.md?p=34) residues which are hazardous are, at a minimum, removed for subsequent management within one year of the entry of the waste into the surface impoundment.
  - (12)
    - (A) For the purposes of paragraph (2)(A) of this subsection, the term “liner” means—
      - (i) a [liner](#j-12-A) designed, constructed, installed, and operated to prevent [hazardous waste](/usc/42/6903.md?p=5) from passing into the [liner](#j-12-A) at any time during the active life of the [facility](/usc/42/11049.md?p=4); or
      - (ii) a [liner](#j-12-A) designed, constructed, installed, and operated to prevent [hazardous waste](/usc/42/6903.md?p=5) from migrating beyond the [liner](#j-12-A) to adjacent subsurface soil, ground water, or surface water at any time during the active life of the [facility](/usc/42/11049.md?p=4).
    - (B) For the purposes of this subsection, the term “aggressive biological treatment facility” means a system of surface impoundments in which the initial impoundment of the secondary [treatment](/usc/42/6903.md?p=34) segment of the [facility](/usc/42/11049.md?p=4) utilizes intense mechanical aeration to enhance biological activity to degrade waste water [pollutants](/usc/42/1397h.md?p=c-4) and
      - (i) the hydraulic retention time in such initial impoundment is no longer than 5 days under normal operating conditions, on an annual average basis;
      - (ii) the hydraulic retention time in such initial impoundment is no longer than thirty days under normal operating conditions, on an annual average basis: Provided, That the [sludge](/usc/42/6903.md?p=26A) in such impoundment does not constitute a [hazardous waste](/usc/42/6903.md?p=5) as identified by the extraction procedure toxicity characteristic in effect on November 8, 1984; or
      - (iii) such system utilizes activated [sludge](/usc/42/6903.md?p=26A) [treatment](/usc/42/6903.md?p=34) in the first portion of secondary [treatment](/usc/42/6903.md?p=34).
    - (C) For the purposes of this subsection, the term “underground source or[^3] drinking water” has the same meaning as provided in regulations under the Safe Drinking Water Act (title XIV of the Public Health Service Act [[42 U.S.C. 300f](/usc/42/300f.md) et seq.]).
  - (13) The [Administrator](/usc/42/6903.md?p=1) may modify the requirements of [paragraph (1)](#j-1) in the case of a surface impoundment for which the [owner or operator](/usc/42/9601.md?p=20-B), prior to October 1, 1984, has entered into, and is in compliance with, a consent order, decree, or [agreement](/usc/42/1320b–8.md?p=a-3-A) with the [Administrator](/usc/42/6903.md?p=1) or a [State](/usc/42/6903.md?p=31) with an authorized [program](/usc/42/274l–1.md?p=4) mandating corrective action with respect to such surface impoundment that provides a degree of protection of human health and the environment which is at a minimum equivalent to that provided by [paragraph (1)](#j-1).

# §6926. Authorized State hazardous waste programs

- (a) **Federal guidelines—** Not later than eighteen months after October 21, 1976, the [Administrator](/usc/42/6903.md?p=1), after consultation with [State authorities](/usc/42/6903.md?p=32), shall promulgate guidelines to assist [States](/usc/42/6903.md?p=31) in the Development of [State](/usc/42/6903.md?p=31) [hazardous waste](/usc/42/6903.md?p=5) [programs](/usc/42/274l–1.md?p=4).
- (b) **Authorization of State program—** Any [State](/usc/42/6903.md?p=31) which seeks to administer and enforce a [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4) pursuant to this subchapter may develop and, after notice and opportunity for public hearing, submit to the [Administrator](/usc/42/6903.md?p=1) an application, in such form as he shall require, for [authorization](/usc/42/4370m.md?p=3) of such [program](/usc/42/274l–1.md?p=4). Within ninety days following submission of an application under this subsection, the [Administrator](/usc/42/6903.md?p=1) shall issue a notice as to whether or not he expects such [program](/usc/42/274l–1.md?p=4) to be authorized, and within ninety days following such notice (and after opportunity for public hearing) he shall publish his findings as to whether or not the conditions listed in items (1), (2), and (3) below have been met. Such [State](/usc/42/6903.md?p=31) is authorized to carry out such [program](/usc/42/274l–1.md?p=4) in lieu of the Federal [program](/usc/42/274l–1.md?p=4) under this subchapter in such [State](/usc/42/6903.md?p=31) and to issue and enforce permits for the [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), or [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5) (and to enforce permits deemed to have been issued under [section 6935(d)(1)](/usc/42/6935.md?p=d-1)[^1] of this title) unless, within ninety days following submission of the application the [Administrator](/usc/42/6903.md?p=1) notifies such [State](/usc/42/6903.md?p=31) that such [program](/usc/42/274l–1.md?p=4) may not be authorized and, within ninety days following such notice and after opportunity for public hearing, he finds that (1) such [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4) is not equivalent to the Federal [program](/usc/42/274l–1.md?p=4) under this subchapter, (2) such [program](/usc/42/274l–1.md?p=4) is not consistent with the Federal or [State](/usc/42/6903.md?p=31) [programs](/usc/42/274l–1.md?p=4) applicable in other [States](/usc/42/6903.md?p=31), or (3) such [program](/usc/42/274l–1.md?p=4) does not provide adequate enforcement of compliance with the requirements of this subchapter. In authorizing a [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4), the [Administrator](/usc/42/6903.md?p=1) may base his findings on the Federal [program](/usc/42/274l–1.md?p=4) in effect one year prior to submission of a [State](/usc/42/6903.md?p=31)’s application or in effect on January 26, 1983, whichever is later.
- (c) **Interim authorization—**
  - (1) Any [State](/usc/42/6903.md?p=31) which has in existence a [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4) pursuant to [State](/usc/42/6903.md?p=31) law before the date ninety days after the date of promulgation of regulations under sections [6922](/usc/42/6922.md), [6923](/usc/42/6923.md), [6924](/usc/42/6924.md), and [6925](/usc/42/6925.md) of this title, may submit to the [Administrator](/usc/42/6903.md?p=1) evidence of such existing [program](/usc/42/274l–1.md?p=4) and may request a temporary [authorization](/usc/42/4370m.md?p=3) to carry out such [program](/usc/42/274l–1.md?p=4) under this subchapter. The [Administrator](/usc/42/6903.md?p=1) shall, if the evidence submitted shows the existing [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4) to be substantially equivalent to the Federal [program](/usc/42/274l–1.md?p=4) under this subchapter, grant an interim [authorization](/usc/42/4370m.md?p=3) to the [State](/usc/42/6903.md?p=31) to carry out such [program](/usc/42/274l–1.md?p=4) in lieu of the Federal [program](/usc/42/274l–1.md?p=4) pursuant to this subchapter for a period ending no later than January 31, 1986.
  - (2) The [Administrator](/usc/42/6903.md?p=1) shall, by rule, establish a date for the expiration of interim [authorization](/usc/42/4370m.md?p=3) under this subsection.
  - (3) Pending interim or final [authorization](/usc/42/4370m.md?p=3) of a [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4) for any [State](/usc/42/6903.md?p=31) which reflects the amendments made by the Hazardous and [Solid Waste](/usc/42/6903.md?p=27) Amendments of 1984, the [State](/usc/42/6903.md?p=31) may enter into an [agreement](/usc/42/1320b–8.md?p=a-3-A) with the [Administrator](/usc/42/6903.md?p=1) under which the [State](/usc/42/6903.md?p=31) may assist in the administration of the requirements and prohibitions which take effect pursuant to such Amendments.
  - (4) In the case of a [State](/usc/42/6903.md?p=31) permit [program](/usc/42/274l–1.md?p=4) for any [State](/usc/42/6903.md?p=31) which is authorized under [subsection (b)](#b) or under this subsection, until such [program](/usc/42/274l–1.md?p=4) is amended to reflect the amendments made by the Hazardous and [Solid Waste](/usc/42/6903.md?p=27) Amendments of 1984 and such [program](/usc/42/274l–1.md?p=4) amendments receive interim or final [authorization](/usc/42/4370m.md?p=3), the [Administrator](/usc/42/6903.md?p=1) shall have the authority in such [State](/usc/42/6903.md?p=31) to issue or deny permits or those portions of permits affected by the requirements and prohibitions established by the Hazardous and [Solid Waste](/usc/42/6903.md?p=27) Amendments of 1984. The [Administrator](/usc/42/6903.md?p=1) shall coordinate with [States](/usc/42/6903.md?p=31) the procedures for issuing such permits.
- (d) **Effect of State permit—** Any action taken by a [State](/usc/42/6903.md?p=31) under a [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4) authorized under this section shall have the same force and effect as action taken by the [Administrator](/usc/42/6903.md?p=1) under this subchapter.
- (e) **Withdrawal of authorization—** Whenever the [Administrator](/usc/42/6903.md?p=1) determines after public hearing that a [State](/usc/42/6903.md?p=31) is not administering and enforcing a [program](/usc/42/274l–1.md?p=4) authorized under this section in accordance with requirements of this section, he shall so notify the [State](/usc/42/6903.md?p=31) and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the [Administrator](/usc/42/6903.md?p=1) shall withdraw [authorization](/usc/42/4370m.md?p=3) of such [program](/usc/42/274l–1.md?p=4) and establish a Federal [program](/usc/42/274l–1.md?p=4) pursuant to this subchapter. The [Administrator](/usc/42/6903.md?p=1) shall not withdraw [authorization](/usc/42/4370m.md?p=3) of any such [program](/usc/42/274l–1.md?p=4) unless he shall first have notified the [State](/usc/42/6903.md?p=31), and made public, in writing, the reasons for such withdrawal.
- (f) **Availability of information—** No [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4) may be authorized by the [Administrator](/usc/42/6903.md?p=1) under this section unless—
  - (1) such [program](/usc/42/274l–1.md?p=4) provides for the public availability of information obtained by the [State](/usc/42/6903.md?p=31) regarding [facilities](/usc/42/11049.md?p=4) and sites for the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), and [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5); and
  - (2) such information is available to the public in substantially the same manner, and to the same degree, as would be the case if the [Administrator](/usc/42/6903.md?p=1) was carrying out the provisions of this subchapter in such [State](/usc/42/6903.md?p=31).
- (g) **Amendments made by 1984 act—**
  - (1) Any requirement or prohibition which is applicable to the generation, transportation, [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5) and which is imposed under this subchapter pursuant to the amendments made by the Hazardous and [Solid Waste](/usc/42/6903.md?p=27) Amendments of 1984 shall take effect in each [State](/usc/42/6903.md?p=31) having an interim or finally authorized [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4) on the same date as such requirement takes effect in other [States](/usc/42/6903.md?p=31). The [Administrator](/usc/42/6903.md?p=1) shall carry out such requirement directly in each such [State](/usc/42/6903.md?p=31) unless the [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4) is finally authorized (or is granted interim [authorization](/usc/42/4370m.md?p=3) as provided in [paragraph (2)](#g-2)) with respect to such requirement.
  - (2) Any [State](/usc/42/6903.md?p=31) which, before November 8, 1984, has an existing [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4) which has been granted interim or final [authorization](/usc/42/4370m.md?p=3) under this section may submit to the [Administrator](/usc/42/6903.md?p=1) evidence that such existing [program](/usc/42/274l–1.md?p=4) contains (or has been amended to include) any requirement which is substantially equivalent to a requirement referred to in [paragraph (1)](#g-1) and may request interim [authorization](/usc/42/4370m.md?p=3) to carry out that requirement under this subchapter. The [Administrator](/usc/42/6903.md?p=1) shall, if the evidence submitted shows the [State](/usc/42/6903.md?p=31) requirement to be substantially equivalent to the requirement referred to in [paragraph (1)](#g-1), grant an interim [authorization](/usc/42/4370m.md?p=3) to the [State](/usc/42/6903.md?p=31) to carry out such requirement in lieu of direct administration in the [State](/usc/42/6903.md?p=31) by the [Administrator](/usc/42/6903.md?p=1) of such requirement.
- (h) **State programs for used oil—** In the case of [used oil](/usc/42/6903.md?p=36) which is not listed or identified under this subchapter as a [hazardous waste](/usc/42/6903.md?p=5) but which is regulated under [section 6935 of this title](/usc/42/6935.md), the provisions of this section regarding [State](/usc/42/6903.md?p=31) [programs](/usc/42/274l–1.md?p=4) shall apply in the same manner and to the same extent as such provisions apply to [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter.

# §6927. Inspections

- (a) **Access entry—** For purposes of developing or assisting in the development of any regulation or enforcing the provisions of this chapter, any [person](/usc/42/6903.md?p=15) who [generates](/usc/42/2021b.md?p=8), stores, treats, transports, disposes of, or otherwise handles or has handled [hazardous wastes](/usc/42/6903.md?p=5) shall, upon request of any officer, [employee](/usc/42/1320a–7h.md?p=e-7) or [representative](/usc/42/3058f.md?p=5) of the Environmental Protection Agency, duly designated by the [Administrator](/usc/42/6903.md?p=1), or upon request of any duly designated officer, [employee](/usc/42/1320a–7h.md?p=e-7) or [representative](/usc/42/3058f.md?p=5) of a [State](/usc/42/6903.md?p=31) having an authorized [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4), furnish information relating to such wastes and permit such [person](/usc/42/6903.md?p=15) at all reasonable times to have access to, and to copy all records relating to such wastes. For the purposes of developing or assisting in the development of any regulation or enforcing the provisions of this chapter, such officers, [employees](/usc/42/1320a–7h.md?p=e-7) or [representatives](/usc/42/3058f.md?p=5) are authorized—
  - (1) to enter at reasonable times any establishment or other place where [hazardous wastes](/usc/42/6903.md?p=5) are or have been generated, stored, treated, disposed of, or transported from;
  - (2) to inspect and obtain samples from any [person](/usc/42/6903.md?p=15) of any such wastes and samples of any containers or labeling for such wastes.

  Each such [inspection](/usc/42/4851b.md?p=12) shall be commenced and completed with reasonable promptness. If the officer, [employee](/usc/42/1320a–7h.md?p=e-7) or [representative](/usc/42/3058f.md?p=5) obtains any samples, prior to leaving the premises, he shall give to the [owner](/usc/42/13641.md?p=4), operator, or agent in charge a receipt describing the sample obtained and if requested a portion of each such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a copy of the results of such analysis shall be furnished promptly to the [owner](/usc/42/13641.md?p=4), operator, or agent in charge.

- (b) **Availability to public—**
  - (1) Any records, reports, or information (including records, reports, or information obtained by [representatives](/usc/42/3058f.md?p=5) of the Environmental Protection Agency) obtained from any [person](/usc/42/6903.md?p=15) under this section shall be available to the public, except that upon a showing satisfactory to the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31), as the case may be) by any [person](/usc/42/6903.md?p=15) that records, reports, or information, or particular part thereof, to which the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31), as the case may be) or any officer, [employee](/usc/42/1320a–7h.md?p=e-7) or [representative](/usc/42/3058f.md?p=5) thereof has access under this section if made public, would divulge information entitled to protection under [section 1905 of title 18](/usc/18/1905.md), such information or particular portion thereof shall be considered confidential in accordance with the purposes of that section, except that such record, report, document, or information may be disclosed to other officers, [employees](/usc/42/1320a–7h.md?p=e-7), or authorized [representatives](/usc/42/3058f.md?p=5) of the [United States](/usc/42/403.md?p=k) concerned with carrying out this chapter, or when relevant in any proceeding under this chapter.
  - (2) Any [person](/usc/42/6903.md?p=15) not subject to the provisions of [section 1905 of title 18](/usc/18/1905.md) who knowingly and willfully divulges or discloses any information entitled to protection under this subsection shall, upon conviction, be subject to a fine of not more than $5,000 or to imprisonment not to exceed one year, or both.
  - (3) In submitting data under this chapter, a [person](/usc/42/6903.md?p=15) required to provide such data may—
    - (A) designate the data which such [person](/usc/42/6903.md?p=15) believes is entitled to protection under this subsection, and
    - (B) submit such designated data separately from other data submitted under this chapter.

    A designation under this paragraph shall be made in writing and in such manner as the [Administrator](/usc/42/6903.md?p=1) 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](/usc/42/6903.md?p=1) (or any [representative](/usc/42/3058f.md?p=5) of the [Administrator](/usc/42/6903.md?p=1)) under this chapter shall be made available, upon written request of any duly authorized committee of the Congress, to such committee.
- (c) **Federal facility inspections—** The [Administrator](/usc/42/6903.md?p=1) shall undertake on an annual basis a thorough [inspection](/usc/42/4851b.md?p=12) of each [facility](/usc/42/11049.md?p=4) for the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5) which is owned or operated by a department, agency, or instrumentality of the [United States](/usc/42/403.md?p=k) to enforce its compliance with this subchapter and the regulations promulgated thereunder. Any [State](/usc/42/6903.md?p=31) with an authorized [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4) also may conduct an [inspection](/usc/42/4851b.md?p=12) of any such [facility](/usc/42/11049.md?p=4) for purposes of enforcing the [facility](/usc/42/11049.md?p=4)’s compliance with the [State](/usc/42/6903.md?p=31) [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4). The records of such [inspections](/usc/42/4851b.md?p=12) shall be available to the public as provided in [subsection (b)](#b). The department, agency, or instrumentality owning or operating each such [facility](/usc/42/11049.md?p=4) shall reimburse the Environmental Protection Agency for the costs of the [inspection](/usc/42/4851b.md?p=12) of the [facility](/usc/42/11049.md?p=4). With respect to the first [inspection](/usc/42/4851b.md?p=12) of each such [facility](/usc/42/11049.md?p=4) occurring after October 6, 1992, the [Administrator](/usc/42/6903.md?p=1) shall conduct a comprehensive ground water monitoring evaluation at the [facility](/usc/42/11049.md?p=4), unless such an evaluation was conducted during the 12-month period preceding October 6, 1992.
- (d) **State-operated facilities—** The [Administrator](/usc/42/6903.md?p=1) shall annually undertake a thorough [inspection](/usc/42/4851b.md?p=12) of every [facility](/usc/42/11049.md?p=4) for the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5) which is operated by a [State](/usc/42/6903.md?p=31) or [local government](/usc/42/8401a.md) for which a permit is required under [section 6925 of this title](/usc/42/6925.md). The records of such [inspection](/usc/42/4851b.md?p=12) shall be available to the public as provided in [subsection (b)](#b).
- (e) **Mandatory inspections—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31) in the case of a [State](/usc/42/6903.md?p=31) having an authorized [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4) under this subchapter) shall commence a [program](/usc/42/274l–1.md?p=4) to thoroughly inspect every [facility](/usc/42/11049.md?p=4) for the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5) for which a permit is required under [section 6925 of this title](/usc/42/6925.md) no less often than every two years as to its compliance with this subchapter (and the regulations promulgated under this subchapter). Such [inspections](/usc/42/4851b.md?p=12) shall commence not later than twelve months after November 8, 1984. The [Administrator](/usc/42/6903.md?p=1) shall, after notice and opportunity for public comment, promulgate regulations governing the minimum frequency and manner of such [inspections](/usc/42/4851b.md?p=12), including the manner in which records of such [inspections](/usc/42/4851b.md?p=12) shall be maintained and the manner in which reports of such [inspections](/usc/42/4851b.md?p=12) shall be filed. The [Administrator](/usc/42/6903.md?p=1) may distinguish between classes and [categories](/usc/42/1395w–4.md?p=j-1) of [facilities](/usc/42/11049.md?p=4) commensurate with the risks posed by each class or [category](/usc/42/1395w–4.md?p=j-1).
  - (2) Not later than six months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall submit to the Congress a report on the potential for [inspections](/usc/42/4851b.md?p=12) of [hazardous waste](/usc/42/6903.md?p=5) [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) [facilities](/usc/42/11049.md?p=4) by nongovernmental inspectors as a supplement to [inspections](/usc/42/4851b.md?p=12) conducted by officers, [employees](/usc/42/1320a–7h.md?p=e-7), or [representatives](/usc/42/3058f.md?p=5) of the Environmental Protection Agency or [States](/usc/42/6903.md?p=31) having authorized [hazardous waste](/usc/42/6903.md?p=5) [programs](/usc/42/274l–1.md?p=4) or operating under a cooperative [agreement](/usc/42/1320b–8.md?p=a-3-A) with the [Administrator](/usc/42/6903.md?p=1). Such report shall be prepared in cooperation with the [States](/usc/42/6903.md?p=31), insurance companies offering environmental impairment insurance, independent companies providing [inspection](/usc/42/4851b.md?p=12) services, and other such groups as appropriate. Such report shall contain recommendations on provisions and requirements for a [program](/usc/42/274l–1.md?p=4) of private [inspections](/usc/42/4851b.md?p=12) to supplement governmental [inspections](/usc/42/4851b.md?p=12).

# §6928. Federal enforcement

- (a) **Compliance orders—**
  - (1) Except as provided in [paragraph (2)](#a-2), whenever on the basis of any information the [Administrator](/usc/42/6903.md?p=1) determines that any [person](/usc/42/6903.md?p=15) has violated or is in [violation](/usc/42/2000e–16a.md?p=c) of any requirement of this subchapter, the [Administrator](/usc/42/6903.md?p=1) may issue an order assessing a civil penalty for any past or current [violation](/usc/42/2000e–16a.md?p=c), requiring compliance immediately or within a specified time period, or both, or the [Administrator](/usc/42/6903.md?p=1) may commence a civil action in the [United States](/usc/42/403.md?p=k) district court in the district in which the [violation](/usc/42/2000e–16a.md?p=c) occurred for appropriate relief, including a temporary or permanent injunction.
  - (2) In the case of a [violation](/usc/42/2000e–16a.md?p=c) of any requirement of this subchapter where such [violation](/usc/42/2000e–16a.md?p=c) occurs in a [State](/usc/42/6903.md?p=31) which is authorized to carry out a [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4) under [section 6926 of this title](/usc/42/6926.md), the [Administrator](/usc/42/6903.md?p=1) shall give notice to the [State](/usc/42/6903.md?p=31) in which such [violation](/usc/42/2000e–16a.md?p=c) has occurred prior to issuing an order or commencing a civil action under this section.
  - (3) Any order issued pursuant to this subsection may include a suspension or revocation of any permit issued by the [Administrator](/usc/42/6903.md?p=1) or a [State](/usc/42/6903.md?p=31) under this subchapter and shall [state](/usc/42/6903.md?p=31) with reasonable specificity the nature of the [violation](/usc/42/2000e–16a.md?p=c). Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each [violation](/usc/42/2000e–16a.md?p=c) of a requirement of this subchapter. In assessing such a penalty, the [Administrator](/usc/42/6903.md?p=1) shall take into account the seriousness of the [violation](/usc/42/2000e–16a.md?p=c) and any good faith efforts to comply with applicable requirements.
- (b) **Public hearing—** Any order issued under this section shall become final unless, no later than thirty days after the order is served, the [person](/usc/42/6903.md?p=15) or [persons](/usc/42/6903.md?p=15) named therein request a public hearing. Upon such request the [Administrator](/usc/42/6903.md?p=1) shall promptly conduct a public hearing. In connection with any proceeding under this section the [Administrator](/usc/42/6903.md?p=1) may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures.
- (c) **Violation of compliance orders—** If a violator fails to take corrective action within the time specified in a compliance order, the [Administrator](/usc/42/6903.md?p=1) may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order and the [Administrator](/usc/42/6903.md?p=1) may suspend or revoke any permit issued to the violator (whether issued by the [Administrator](/usc/42/6903.md?p=1) or the [State](/usc/42/6903.md?p=31)).
- (d) **Criminal penalties—** Any [person](/usc/42/6903.md?p=15) who—
  - (1) knowingly transports or [causes](/usc/42/9908.md?p=c-2) to be transported any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter to a [facility](/usc/42/11049.md?p=4) which does not have a permit under this subchapter, or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052) [[33 U.S.C. 1411](/usc/33/1411.md) et seq.],
  - (2) knowingly treats, stores, or disposes of any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter—
    - (A) without a permit under this subchapter or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052) [[33 U.S.C. 1411](/usc/33/1411.md) et seq.]; or
    - (B) in knowing [violation](/usc/42/2000e–16a.md?p=c) of any material condition or requirement of such permit; or
    - (C) in knowing [violation](/usc/42/2000e–16a.md?p=c) of any material condition or requirement of any applicable interim status regulations or [standards](/usc/42/1320d.md?p=7);
  - (3) knowingly omits material information or makes any false material statement or representation in any application, label, [manifest](/usc/42/6903.md?p=12), record, report, permit, or other document filed, maintained, or used for purposes of compliance with regulations promulgated by the [Administrator](/usc/42/6903.md?p=1) (or by a [State](/usc/42/6903.md?p=31) in the case of an authorized [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4)) under this subchapter;
  - (4) knowingly [generates](/usc/42/2021b.md?p=8), stores, treats, transports, disposes of, exports, or otherwise handles any [hazardous waste](/usc/42/6903.md?p=5) or any [used oil](/usc/42/6903.md?p=36) not identified or listed as a [hazardous waste](/usc/42/6903.md?p=5) under this subchapter (whether such activity took place before or takes place after November 8, 1984) and who knowingly destroys, alters, conceals, or fails to file any record, application, [manifest](/usc/42/6903.md?p=12), report, or other document required to be maintained or filed for purposes of compliance with regulations promulgated by the [Administrator](/usc/42/6903.md?p=1) (or by a [State](/usc/42/6903.md?p=31) in the case of an authorized [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4)) under this subchapter;
  - (5) knowingly transports without a [manifest](/usc/42/6903.md?p=12), or [causes](/usc/42/9908.md?p=c-2) to be transported without a [manifest](/usc/42/6903.md?p=12), any [hazardous waste](/usc/42/6903.md?p=5) or any [used oil](/usc/42/6903.md?p=36) not identified or listed as a [hazardous waste](/usc/42/6903.md?p=5) under this subchapter required by regulations promulgated under this subchapter (or by a [State](/usc/42/6903.md?p=31) in the case of a [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4) authorized under this subchapter) to be accompanied by a [manifest](/usc/42/6903.md?p=12);
  - (6) knowingly exports a [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter (A) without the consent of the receiving country or, (B) where there exists an international [agreement](/usc/42/1320b–8.md?p=a-3-A) between the [United States](/usc/42/403.md?p=k) and the government of the receiving country establishing notice, export, and enforcement procedures for the transportation, [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), and [disposal](/usc/42/6903.md?p=3) of [hazardous wastes](/usc/42/6903.md?p=5), in a manner which is not in conformance with such [agreement](/usc/42/1320b–8.md?p=a-3-A); or
  - (7) knowingly stores, treats, transports, or [causes](/usc/42/9908.md?p=c-2) to be transported, disposes of, or otherwise handles any [used oil](/usc/42/6903.md?p=36) not identified or listed as a [hazardous waste](/usc/42/6903.md?p=5) under this subchapter—
    - (A) in knowing [violation](/usc/42/2000e–16a.md?p=c) of any material condition or requirement of a permit under this subchapter; or
    - (B) in knowing [violation](/usc/42/2000e–16a.md?p=c) of any material condition or requirement of any applicable regulations or [standards](/usc/42/1320d.md?p=7) under this chapter;

  shall, upon conviction, be subject to a fine of not more than $50,000 for each day of [violation](/usc/42/2000e–16a.md?p=c), or imprisonment not to exceed two years (five years in the case of a [violation](/usc/42/2000e–16a.md?p=c) of paragraph [(1)](#d-1) or [(2)](#d-2)), or both. If the conviction is for a [violation](/usc/42/2000e–16a.md?p=c) committed after a first conviction of such [person](/usc/42/6903.md?p=15) under this paragraph, the maximum punishment under the respective paragraph shall be doubled with respect to both fine and imprisonment.

- (e) **Knowing endangerment—** Any [person](/usc/42/6903.md?p=15) who knowingly transports, treats, stores, disposes of, or exports any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter or [used oil](/usc/42/6903.md?p=36) not identified or listed as a [hazardous waste](/usc/42/6903.md?p=5) under this subchapter in [violation](/usc/42/2000e–16a.md?p=c) of paragraph [(1)](#d-1), [(2)](#d-2), [(3)](#d-3), [(4)](#d-4), [(5)](#d-5), [(6)](#d-6), or [(7)](#d-7) of subsection (d) of this section who knows at that time that he thereby places another [person](/usc/42/6903.md?p=15) in imminent danger of death or [serious bodily injury](#f-6), shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment for not more than fifteen years, or both. A defendant that is an [organization](#f-5) shall, upon conviction of violating this subsection, be subject to a fine of not more than $1,000,000.
- (f) **Special rules—** For the purposes of [subsection (e)](#e)—
  - (1) A [person](/usc/42/6903.md?p=15)’s [state](/usc/42/6903.md?p=31) of mind is knowing with respect to—
    - (A) his conduct, if he is aware of the nature of his conduct;
    - (B) an existing circumstance, if he is aware or believes that the circumstance exists; or
    - (C) a result of his conduct, if he is aware or believes that his conduct is substantially certain to [cause](/usc/42/9908.md?p=c-2) danger of death or serious bodily injury.
  - (2) In determining whether a defendant who is a natural [person](/usc/42/6903.md?p=15) knew that his conduct placed another [person](/usc/42/6903.md?p=15) in imminent danger of death or serious bodily injury—
    - (A) the [person](/usc/42/6903.md?p=15) is responsible only for actual awareness or actual belief that he possessed; and
    - (B) knowledge possessed by a [person](/usc/42/6903.md?p=15) other than the defendant but not by the defendant himself may not be attributed to the defendant;
  - (3) It is an affirmative defense to a prosecution that the conduct charged was consented to by the [person](/usc/42/6903.md?p=15) endangered and that the danger and conduct charged were reasonably foreseeable [hazards](/usc/42/5165f.md?p=a-3) of—
    - (A) an occupation, a business, or a profession; or
    - (B) medical [treatment](/usc/42/6903.md?p=34) or medical or scientific experimentation conducted by professionally approved methods and such other [person](/usc/42/6903.md?p=15) had been made aware of the risks involved prior to giving consent.

    The defendant may establish an affirmative defense under this subsection by a preponderance of the evidence.

  - (4) All general defenses, affirmative defenses, and bars to prosecution that may apply with respect to other Federal criminal offenses may apply under [subsection (e)](#e) and shall be determined by the courts of the [United States](/usc/42/403.md?p=k) according to the principles of common law as they may be interpreted in the light of reason and experience. Concepts of justification and excuse applicable under this section may be developed in the light of reason and experience.
  - (5) The term “organization” means a legal entity, other than a government, established, or organized for any purpose, and such term includes a [corporation](/usc/42/2296b–7.md?p=1), company, association, firm, partnership, joint stock company, [foundation](/usc/42/17351.md?p=3), institution, [trust](/usc/42/12854.md?p=6), society, union, or any other association of [persons](/usc/42/6903.md?p=15).
  - (6) The term “serious bodily injury” means—
    - (A) bodily injury which involves a substantial risk of death;
    - (B) unconsciousness;
    - (C) extreme physical pain;
    - (D) protracted and obvious disfigurement; or
    - (E) protracted loss or impairment of the function of a bodily member, [organ](/usc/42/274b.md?p=d-2), or mental faculty.
- (g) **Civil penalty—** Any [person](/usc/42/6903.md?p=15) who violates any requirement of this subchapter shall be liable to the [United States](/usc/42/403.md?p=k) for a civil penalty in an amount not to exceed $25,000 for each such [violation](/usc/42/2000e–16a.md?p=c). Each day of such [violation](/usc/42/2000e–16a.md?p=c) shall, for purposes of this subsection, constitute a separate [violation](/usc/42/2000e–16a.md?p=c).
- (h) **Interim status corrective action orders—**
  - (1) Whenever on the basis of any information the [Administrator](/usc/42/6903.md?p=1) determines that there is or has been a [release](/usc/42/9601.md?p=22) of [hazardous waste](/usc/42/6903.md?p=5) into the environment from a [facility](/usc/42/11049.md?p=4) authorized to operate under [section 6925(e) of this title](/usc/42/6925.md?p=e), the [Administrator](/usc/42/6903.md?p=1) may issue an order requiring corrective action or such other response measure as he deems necessary to protect human health or the environment or the [Administrator](/usc/42/6903.md?p=1) may commence a civil action in the [United States](/usc/42/403.md?p=k) district court in the district in which the [facility](/usc/42/11049.md?p=4) is located for appropriate relief, including a temporary or permanent injunction.
  - (2) Any order issued under this subsection may include a suspension or revocation of [authorization](/usc/42/4370m.md?p=3) to operate under [section 6925(e) of this title](/usc/42/6925.md?p=e), shall [state](/usc/42/6903.md?p=31) with reasonable specificity the nature of the required corrective action or other response measure, and shall specify a time for compliance. If any [person](/usc/42/6903.md?p=15) named in an order fails to comply with the order, the [Administrator](/usc/42/6903.md?p=1) may assess, and such [person](/usc/42/6903.md?p=15) shall be liable to the [United States](/usc/42/403.md?p=k) for, a civil penalty in an amount not to exceed $25,000 for each day of noncompliance with the order.

# §6929. Retention of State authority


Upon the effective date of regulations under this subchapter no [State](/usc/42/6903.md?p=31) or political subdivision may impose any requirements less stringent than those authorized under this subchapter respecting the same matter as governed by such regulations, except that if application of a regulation with respect to any matter under this subchapter is postponed or enjoined by the action of any court, no [State](/usc/42/6903.md?p=31) or political subdivision shall be prohibited from acting with respect to the same aspect of such matter until such time as such regulation takes effect. Nothing in this chapter shall be construed to prohibit any [State](/usc/42/6903.md?p=31) or political subdivision thereof from imposing any requirements, including those for site selection, which are more stringent than those imposed by such regulations. Nothing in this chapter (or in any regulation adopted under this chapter) shall be construed to prohibit any [State](/usc/42/6903.md?p=31) from requiring that the [State](/usc/42/6903.md?p=31) be provided with a copy of each [manifest](/usc/42/6903.md?p=12) used in connection with [hazardous waste](/usc/42/6903.md?p=5) which is generated within that [State](/usc/42/6903.md?p=31) or transported to a [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4) within that [State](/usc/42/6903.md?p=31).


# §6930. Effective date

- (a) **Preliminary notification—** Not later than ninety days after promulgation of regulations under [section 6921 of this title](/usc/42/6921.md) identifying by its characteristics or listing any substance as [hazardous waste](/usc/42/6903.md?p=5) subject to this subchapter, any [person](/usc/42/6903.md?p=15) generating or transporting such substance or owning or operating a [facility](/usc/42/11049.md?p=4) for [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of such substance shall file with the [Administrator](/usc/42/6903.md?p=1) (or with [States](/usc/42/6903.md?p=31) having authorized [hazardous waste](/usc/42/6903.md?p=5) permit [programs](/usc/42/274l–1.md?p=4) under [section 6926 of this title](/usc/42/6926.md)) a notification stating the location and general description of such activity and the identified or listed [hazardous wastes](/usc/42/6903.md?p=5) handled by such [person](/usc/42/6903.md?p=15). Not later than fifteen months after November 8, 1984—
  - (1) the [owner or operator](/usc/42/9601.md?p=20-B) of any [facility](/usc/42/11049.md?p=4) which produces a fuel (A) from any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md), (B) from such [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md) and any other material, (C) from [used oil](/usc/42/6903.md?p=36), or (D) from [used oil](/usc/42/6903.md?p=36) and any other material;
  - (2) the [owner or operator](/usc/42/9601.md?p=20-B) of any [facility](/usc/42/11049.md?p=4) (other than a [single](/usc/42/2304.md?p=m)- or two-[family](/usc/42/290ff–4.md?p=d-2) residence) which burns for purposes of [energy](/usc/42/6311.md?p=7) recovery any fuel produced as provided in [paragraph (1)](#a-1) or any fuel which otherwise contains [used oil](/usc/42/6903.md?p=36) or any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md); and
  - (3) any [person](/usc/42/6903.md?p=15) who distributes or markets any fuel which is produced as provided in [paragraph (1)](#a-1) or any fuel which otherwise contains [used oil](/usc/42/6903.md?p=36) or any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md)[^1]

  shall file with the [Administrator](/usc/42/6903.md?p=1) (and with the [State](/usc/42/6903.md?p=31) in the case of a [State](/usc/42/6903.md?p=31) with an authorized [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4)) a notification stating the location and general description of the [facility](/usc/42/11049.md?p=4), together with a description of the identified or listed [hazardous waste](/usc/42/6903.md?p=5) involved and, in the case of a [facility](/usc/42/11049.md?p=4) referred to in paragraph [(1)](#a-1) or [(2)](#a-2), a description of the production or [energy](/usc/42/6311.md?p=7) recovery activity carried out at the [facility](/usc/42/11049.md?p=4) and such other information as the [Administrator](/usc/42/6903.md?p=1) deems necessary. For purposes of the preceding provisions, the term “hazardous waste listed under [section 6921 of this title](/usc/42/6921.md)” also includes any commercial chemical product which is listed under [section 6921 of this title](/usc/42/6921.md) 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](/usc/42/11049.md?p=4) (such as residential boilers) where the [Administrator](/usc/42/6903.md?p=1) determines that such notification is not necessary in order for the [Administrator](/usc/42/6903.md?p=1) to obtain sufficient information respecting current [practices](/usc/42/17061.md?p=19) of [facilities](/usc/42/11049.md?p=4) using [hazardous waste](/usc/42/6903.md?p=5) for [energy](/usc/42/6311.md?p=7) recovery. Nothing in this subsection shall be construed to affect or impair the provisions of [section 6921(b)(3) of this title](/usc/42/6921.md?p=b-3). Nothing in this subsection shall affect regulatory determinations under [section 6935 of this title](/usc/42/6935.md). In revising any regulation under [section 6921 of this title](/usc/42/6921.md) identifying additional characteristics of [hazardous waste](/usc/42/6903.md?p=5) or listing any additional substance as [hazardous waste](/usc/42/6903.md?p=5) subject to this subchapter, the [Administrator](/usc/42/6903.md?p=1) may require any [person](/usc/42/6903.md?p=15) referred to in the preceding provisions to file with the [Administrator](/usc/42/6903.md?p=1) (or with [States](/usc/42/6903.md?p=31) having authorized [hazardous waste](/usc/42/6903.md?p=5) permit [programs](/usc/42/274l–1.md?p=4) under [section 6926 of this title](/usc/42/6926.md)) the notification described in the preceding provisions. Not more than one such notification shall be required to be filed with respect to the same substance. No identified or listed [hazardous waste](/usc/42/6903.md?p=5) subject to this subchapter may be transported, treated, stored, or disposed of unless notification has been given as required under this subsection.

- (b) **Effective date of regulation—** The regulations under this subchapter respecting requirements applicable to the generation, transportation, [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of [hazardous waste](/usc/42/6903.md?p=5) (including requirements respecting permits for such [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3)) shall take effect on the date six months after the date of promulgation thereof (or six months after the date of revision in the case of any regulation which is revised after the date required for promulgation thereof). At the time a regulation is promulgated, the [Administrator](/usc/42/6903.md?p=1) may provide for a shorter period prior to the effective date, or an immediate effective date for:
  - (1) a regulation with which the [Administrator](/usc/42/6903.md?p=1) 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](/usc/42/9908.md?p=c-2) found and published with the regulation.

# §6931. Authorization of assistance to States

- (a) **Authorization of appropriations—** There is authorized to be appropriated $25,000,000 for each of the fiscal years 1978 and 1979[^1] $20,000,000 for fiscal year 1980, $35,000,000 for fiscal year 1981, $40,000,000 for the fiscal year 1982, $55,000,000 for the fiscal year 1985, $60,000,000 for the fiscal year 1986, $60,000,000 for the fiscal year 1987, and $60,000,000 for the fiscal year 1988 to be used to make grants to the [States](/usc/42/6903.md?p=31) for purposes of assisting the [States](/usc/42/6903.md?p=31) in the development and [implementation](/usc/42/6903.md?p=8) of authorized [State](/usc/42/6903.md?p=31) [hazardous waste](/usc/42/6903.md?p=5) [programs](/usc/42/274l–1.md?p=4).
- (b) **Allocation—** Amounts authorized to be appropriated under [subsection (a)](#a) shall be allocated among the [States](/usc/42/6903.md?p=31) on the basis of regulations promulgated by the [Administrator](/usc/42/6903.md?p=1), after consultation with the [States](/usc/42/6903.md?p=31), which take into account, the extent to which [hazardous waste](/usc/42/6903.md?p=5) is generated, transported, treated, stored, and disposed of within such [State](/usc/42/6903.md?p=31), the extent of exposure of human beings and the environment within such [State](/usc/42/6903.md?p=31) to such waste, and such other factors as the [Administrator](/usc/42/6903.md?p=1) deems appropriate.
- (c) **Activities included—** [State](/usc/42/6903.md?p=31) [hazardous waste](/usc/42/6903.md?p=5) [programs](/usc/42/274l–1.md?p=4) for which grants may be made under [subsection (a)](#a) may include (but shall not be limited to) planning for [hazardous waste](/usc/42/6903.md?p=5) [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33) and [disposal](/usc/42/6903.md?p=3) [facilities](/usc/42/11049.md?p=4), and the development and execution of [programs](/usc/42/274l–1.md?p=4) to protect health and the environment from inactive [facilities](/usc/42/11049.md?p=4) which may contain [hazardous waste](/usc/42/6903.md?p=5).

# [§6932. Transferred — transferred]



# §6933. Hazardous waste site inventory

- (a) **State inventory programs—** Each [State](/usc/42/6903.md?p=31) shall, as expeditiously as practicable, undertake a continuing [program](/usc/42/274l–1.md?p=4) to compile, publish, and submit to the [Administrator](/usc/42/6903.md?p=1) an [inventory](/usc/42/4370m.md?p=14) describing the location of each site within such [State](/usc/42/6903.md?p=31) at which [hazardous waste](/usc/42/6903.md?p=5) has at any time been stored or disposed of. Such [inventory](/usc/42/4370m.md?p=14) shall contain—
  - (1) a description of the location of the sites at which any such [storage](/usc/42/6903.md?p=33) or [disposal](/usc/42/6903.md?p=3) has taken place before the date on which permits are required under [section 6925 of this title](/usc/42/6925.md) for such [storage](/usc/42/6903.md?p=33) or [disposal](/usc/42/6903.md?p=3);
  - (2) such information relating to the amount, nature, and toxicity of the [hazardous waste](/usc/42/6903.md?p=5) at each such site as may be practicable to obtain and as may be necessary to determine the extent of any health [hazard](/usc/42/5165f.md?p=a-3) which may be associated with such site;
  - (3) the name and address, or corporate headquarters of, the [owner](/usc/42/13641.md?p=4) of each such site, determined as of the date of preparation of the [inventory](/usc/42/4370m.md?p=14);
  - (4) an identification of the types or techniques of waste [treatment](/usc/42/6903.md?p=34) or [disposal](/usc/42/6903.md?p=3) which have been used at each such site; and
  - (5) information concerning the current status of the site, including information respecting whether or not [hazardous waste](/usc/42/6903.md?p=5) is currently being treated or disposed of at such site (and if not, the date on which such activity ceased) and information respecting the nature of any other activity currently carried out at such site.

  For purposes of assisting the [States](/usc/42/6903.md?p=31) in compiling information under this section, the [Administrator](/usc/42/6903.md?p=1) shall make available to each [State](/usc/42/6903.md?p=31) undertaking a [program](/usc/42/274l–1.md?p=4) under this section such information as is available to him concerning the items specified in [paragraphs (1) through (5)](#a-1..a-5) with respect to the sites within such [State](/usc/42/6903.md?p=31), including such information as the [Administrator](/usc/42/6903.md?p=1) is able to obtain from other agencies or departments of the [United States](/usc/42/403.md?p=k) and from surveys and studies carried out by any committee or subcommittee of the Congress. Any [State](/usc/42/6903.md?p=31) may exercise the authority of [section 6927 of this title](/usc/42/6927.md) for purposes of this section in the same manner and to the same extent as provided in such section in the case of [States](/usc/42/6903.md?p=31) having an authorized [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4), and any [State](/usc/42/6903.md?p=31) may by order require any [person](/usc/42/6903.md?p=15) to submit such information as may be necessary to compile the data referred to in [paragraphs (1) through (5)](#a-1..a-5).

- (b) **Environmental Protection Agency program—** If the [Administrator](/usc/42/6903.md?p=1) determines that any [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4) under [subsection (a)](#a) is not adequately providing information respecting the sites in such [State](/usc/42/6903.md?p=31) referred to in [subsection (a)](#a), the [Administrator](/usc/42/6903.md?p=1) shall notify the [State](/usc/42/6903.md?p=31). If within ninety days following such notification, the [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4) has not been revised or amended in such manner as will adequately provide such information, the [Administrator](/usc/42/6903.md?p=1) shall carry out the [inventory](/usc/42/4370m.md?p=14) [program](/usc/42/274l–1.md?p=4) in such [State](/usc/42/6903.md?p=31). In any such case—
  - (1) the [Administrator](/usc/42/6903.md?p=1) shall have the authorities provided with respect to [State](/usc/42/6903.md?p=31) [programs](/usc/42/274l–1.md?p=4) under [subsection (a)](#a);
  - (2) the [funds](/usc/42/12854.md?p=3) allocated under [subsection (c)](#c) for grants to [States](/usc/42/6903.md?p=31) under this section may be used by the [Administrator](/usc/42/6903.md?p=1) for carrying out such [program](/usc/42/274l–1.md?p=4) in such [State](/usc/42/6903.md?p=31); and
  - (3) no further expenditure may be made for grants to such [State](/usc/42/6903.md?p=31) under this section until such time as the [Administrator](/usc/42/6903.md?p=1) determines that such [State](/usc/42/6903.md?p=31) is carrying out, or will carry out, an [inventory](/usc/42/4370m.md?p=14) [program](/usc/42/274l–1.md?p=4) which meets the requirements of this section.
- (c) **Grants—**
  - (1) Upon receipt of an application submitted by any [State](/usc/42/6903.md?p=31) to carry out a [program](/usc/42/274l–1.md?p=4) under this section, the [Administrator](/usc/42/6903.md?p=1) may make grants to the [States](/usc/42/6903.md?p=31) for purposes of carrying out such a [program](/usc/42/274l–1.md?p=4). Grants under this section shall be allocated among the several [States](/usc/42/6903.md?p=31) by the [Administrator](/usc/42/6903.md?p=1) based upon such regulations as he prescribes to carry out the purposes of this section. The [Administrator](/usc/42/6903.md?p=1) may make grants to any [State](/usc/42/6903.md?p=31) which has conducted an [inventory](/usc/42/4370m.md?p=14) [program](/usc/42/274l–1.md?p=4) which effectively carried out the purposes of this section before October 21, 1980, to reimburse such [State](/usc/42/6903.md?p=31) for all, or any portion of, the costs incurred by such [State](/usc/42/6903.md?p=31) in conducting such [program](/usc/42/274l–1.md?p=4).
  - (2) There are authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 1985 through 1988.
- (d) **No impediment to immediate remedial action—** Nothing in this section shall be construed to provide that the [Administrator](/usc/42/6903.md?p=1) or any [State](/usc/42/6903.md?p=31) should, pending completion of the [inventory](/usc/42/4370m.md?p=14) required under this section, postpone undertaking any enforcement or remedial action with respect to any site at which [hazardous waste](/usc/42/6903.md?p=5) has been treated, stored, or disposed of.

# §6934. Monitoring, analysis, and testing

- (a) **Authority of Administrator—** If the [Administrator](/usc/42/6903.md?p=1) determines, upon receipt of any information, that—
  - (1) the presence of any [hazardous waste](/usc/42/6903.md?p=5) at a [facility](/usc/42/11049.md?p=4) or site at which [hazardous waste](/usc/42/6903.md?p=5) is, or has been, stored, treated, or disposed of, or
  - (2) the [release](/usc/42/9601.md?p=22) of any such waste from such [facility](/usc/42/11049.md?p=4) or site

  may present a substantial [hazard](/usc/42/5165f.md?p=a-3) to human health or the environment, he may issue an order requiring the [owner or operator](/usc/42/9601.md?p=20-B) of such [facility](/usc/42/11049.md?p=4) or site to conduct such monitoring, testing, analysis, and reporting with respect to such [facility](/usc/42/11049.md?p=4) or site as the [Administrator](/usc/42/6903.md?p=1) deems reasonable to ascertain the nature and extent of such [hazard](/usc/42/5165f.md?p=a-3).

- (b) **Previous owners and operators—** In the case of any [facility](/usc/42/11049.md?p=4) or site not in operation at the time a determination is made under [subsection (a)](#a) with respect to the [facility](/usc/42/11049.md?p=4) or site, if the [Administrator](/usc/42/6903.md?p=1) finds that the [owner](/usc/42/13641.md?p=4) of such [facility](/usc/42/11049.md?p=4) or site could not reasonably be expected to have actual knowledge of the presence of [hazardous waste](/usc/42/6903.md?p=5) at such [facility](/usc/42/11049.md?p=4) or site and of its potential for [release](/usc/42/9601.md?p=22), he may issue an order requiring the most recent previous [owner or operator](/usc/42/9601.md?p=20-B) of such [facility](/usc/42/11049.md?p=4) or site who could reasonably be expected to have such actual knowledge to carry out the actions referred to in [subsection (a)](#a).
- (c) **Proposal—** An order under subsection [(a)](#a) or [(b)](#b) shall require the [person](/usc/42/6903.md?p=15) to whom such order is issued to submit to the [Administrator](/usc/42/6903.md?p=1) within 30 days from the issuance of such order a proposal for carrying out the required monitoring, testing, analysis, and reporting. The [Administrator](/usc/42/6903.md?p=1) may, after providing such [person](/usc/42/6903.md?p=15) with an opportunity to confer with the [Administrator](/usc/42/6903.md?p=1) respecting such proposal, require such [person](/usc/42/6903.md?p=15) to carry out such monitoring, testing, analysis, and reporting in accordance with such proposal, and such [modifications](/usc/42/7501.md?p=4) in such proposal as the [Administrator](/usc/42/6903.md?p=1) deems reasonable to ascertain the nature and extent of the [hazard](/usc/42/5165f.md?p=a-3).
- (d) **Monitoring, etc., carried out by Administrator—**
  - (1) If the [Administrator](/usc/42/6903.md?p=1) determines that no [owner or operator](/usc/42/9601.md?p=20-B) referred to in subsection [(a)](#a) or [(b)](#b) is able to conduct monitoring, testing, analysis, or reporting satisfactory to the [Administrator](/usc/42/6903.md?p=1), if the [Administrator](/usc/42/6903.md?p=1) deems any such action carried out by an [owner or operator](/usc/42/9601.md?p=20-B) to be unsatisfactory, or if the [Administrator](/usc/42/6903.md?p=1) cannot initially determine that there is an [owner or operator](/usc/42/9601.md?p=20-B) referred to in subsection [(a)](#a) or [(b)](#b) who is able to conduct such monitoring, testing, analysis, or reporting, he may—
    - (A) conduct monitoring, testing, or analysis (or any combination thereof) which he deems reasonable to ascertain the nature and extent of the [hazard](/usc/42/5165f.md?p=a-3) associated with the site concerned, or
    - (B) authorize a [State](/usc/42/6903.md?p=31) or local authority or other [person](/usc/42/6903.md?p=15) to carry out any such action,

    and require, by order, the [owner or operator](/usc/42/9601.md?p=20-B) referred to in subsection [(a)](#a) or [(b)](#b) to reimburse the [Administrator](/usc/42/6903.md?p=1) or other authority or [person](/usc/42/6903.md?p=15) for the costs of such activity.

  - (2) No order may be issued under this subsection requiring reimbursement of the costs of any action carried out by the [Administrator](/usc/42/6903.md?p=1) which confirms the results of an order issued under subsection [(a)](#a) or [(b)](#b).
  - (3) For purposes of carrying out this subsection, the [Administrator](/usc/42/6903.md?p=1) or any authority or other [person](/usc/42/6903.md?p=15) authorized under [paragraph (1)](#d-1), may exercise the authorities set forth in [section 6927 of this title](/usc/42/6927.md).
- (e) **Enforcement—** The [Administrator](/usc/42/6903.md?p=1) may commence a civil action against any [person](/usc/42/6903.md?p=15) who fails or refuses to comply with any order issued under this section. Such action shall be brought in the [United States](/usc/42/403.md?p=k) district court in which the defendant is located, resides, or is doing business. Such court shall have jurisdiction to require compliance with such order and to assess a civil penalty of not to exceed $5,000 for each day during which such failure or refusal occurs.

# §6935. Restrictions on recycled oil

- (a) **In general—** Not later than one year after October 15, 1980, the [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations establishing such performance [standards](/usc/42/1320d.md?p=7) and other requirements as may be necessary to protect the public health and the environment from [hazards](/usc/42/5165f.md?p=a-3) associated with [recycled oil](/usc/42/6903.md?p=37). In developing such regulations, the [Administrator](/usc/42/6903.md?p=1) shall conduct an analysis of the economic impact of the regulations on the oil recycling industry. The [Administrator](/usc/42/6903.md?p=1) shall ensure that such regulations do not discourage the recovery or recycling of [used oil](/usc/42/6903.md?p=36), consistent with the protection of human health and the environment.
- (b) **Identification or listing of used oil as hazardous waste—** Not later than twelve months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall propose whether to list or identify used automobile and truck crankcase oil as [hazardous waste](/usc/42/6903.md?p=5) under [section 6921 of this title](/usc/42/6921.md). Not later than twenty-four months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall make a final determination whether to list or identify used automobile and truck crankcase oil and other [used oil](/usc/42/6903.md?p=36) as [hazardous wastes](/usc/42/6903.md?p=5) under [section 6921 of this title](/usc/42/6921.md).
- (c) **Used oil which is recycled—**
  - (1) With respect to generators and transporters of [used oil](/usc/42/6903.md?p=36) identified or listed as a [hazardous waste](/usc/42/6903.md?p=5) under [section 6921 of this title](/usc/42/6921.md), the [standards](/usc/42/1320d.md?p=7) promulgated under section[^1] 6921(d), 6922, and 6923 of this title shall not apply to such [used oil](/usc/42/6903.md?p=36) if such [used oil](/usc/42/6903.md?p=36) is recycled.
  - (2)
    - (A) In the case of [used oil](/usc/42/6903.md?p=36) which is exempt under [paragraph (1)](#c-1), not later than twenty-four months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall promulgate such [standards](/usc/42/1320d.md?p=7) under this subsection regarding the generation and transportation of [used oil](/usc/42/6903.md?p=36) which is recycled as may be necessary to protect human health and the environment. In promulgating such regulations with respect to generators, the [Administrator](/usc/42/6903.md?p=1) shall take into account the effect of such regulations on environmentally acceptable types of [used oil](/usc/42/6903.md?p=36) recycling and the effect of such regulations on small quantity generators and generators which are small businesses (as defined by the [Administrator](/usc/42/6903.md?p=1)).
    - (B) The regulations promulgated under this subsection shall provide that no generator of [used oil](/usc/42/6903.md?p=36) which is exempt under [paragraph (1)](#c-1) from the [standards](/usc/42/1320d.md?p=7) promulgated under section[^1] 6921(d), 6922, and 6923 of this title shall be subject to any [manifest](/usc/42/6903.md?p=12) requirement or any associated recordkeeping and reporting requirement with respect to such [used oil](/usc/42/6903.md?p=36) if such generator—
      - (i) either—
        - (I) enters into an [agreement](/usc/42/1320b–8.md?p=a-3-A) or other arrangement (including an [agreement](/usc/42/1320b–8.md?p=a-3-A) or arrangement with an independent transporter or with an agent of the recycler) for delivery of such [used oil](/usc/42/6903.md?p=36) to a recycling [facility](/usc/42/11049.md?p=4) which has a permit under [section 6925(c) of this title](/usc/42/6925.md?p=c) (or for which a valid permit is deemed to be in effect under [subsection (d)](#d)), or
        - (II) recycles such [used oil](/usc/42/6903.md?p=36) at one or more [facilities](/usc/42/11049.md?p=4) of the generator which has such a permit under [section 6925 of this title](/usc/42/6925.md) (or for which a valid permit is deemed to have been issued under [subsection (d)](#d) of this section);
      - (ii) such [used oil](/usc/42/6903.md?p=36) is not mixed by the generator with other types of [hazardous wastes](/usc/42/6903.md?p=5); and
      - (iii) the generator maintains such records relating to such [used oil](/usc/42/6903.md?p=36), including records of [agreements](/usc/42/1320b–8.md?p=a-3-A) or other arrangements for delivery of such [used oil](/usc/42/6903.md?p=36) to any recycling [facility](/usc/42/11049.md?p=4) referred to in [clause (i)(I)](#c-2-B-i-I), as the [Administrator](/usc/42/6903.md?p=1) deems necessary to protect human health and the environment.
  - (3) The regulations under this subsection regarding the transportation of [used oil](/usc/42/6903.md?p=36) which is exempt from the [standards](/usc/42/1320d.md?p=7) promulgated under section[^1] 6921(d), 6922, and 6923 of this title under [paragraph (1)](#c-1) shall require the transporters of such [used oil](/usc/42/6903.md?p=36) to deliver such [used oil](/usc/42/6903.md?p=36) to a [facility](/usc/42/11049.md?p=4) which has a valid permit under [section 6925 of this title](/usc/42/6925.md) or which is deemed to have a valid permit under [subsection (d)](#d) of this section. The [Administrator](/usc/42/6903.md?p=1) shall also establish other [standards](/usc/42/1320d.md?p=7) for such transporters as may be necessary to protect human health and the environment.
- (d) **Permits—**
  - (1) The [owner or operator](/usc/42/9601.md?p=20-B) of a [facility](/usc/42/11049.md?p=4) which recycles [used oil](/usc/42/6903.md?p=36) which is exempt under [subsection (c)(1)](#c-1), shall be deemed to have a permit under this subsection for all such [treatment](/usc/42/6903.md?p=34) or recycling (and any associated tank or container [storage](/usc/42/6903.md?p=33)) if such [owner](/usc/42/13641.md?p=4) and operator comply with [standards](/usc/42/1320d.md?p=7) promulgated by the [Administrator](/usc/42/6903.md?p=1) under [section 6924 of this title](/usc/42/6924.md); except that the [Administrator](/usc/42/6903.md?p=1) may require such [owners](/usc/42/13641.md?p=4) and operators to obtain an individual permit under [section 6925(c) of this title](/usc/42/6925.md?p=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](/usc/42/6903.md?p=36) which is exempt under [subsection (c)(1)](#c-1) shall not be required to obtain a permit under [section 6925(c) of this title](/usc/42/6925.md?p=c) with respect to such [used oil](/usc/42/6903.md?p=36) until the [Administrator](/usc/42/6903.md?p=1) has promulgated [standards](/usc/42/1320d.md?p=7) under [section 6924 of this title](/usc/42/6924.md) regarding the recycling of such [used oil](/usc/42/6903.md?p=36).

# §6936. Expansion during interim status

- (a) **Waste piles—** The [owner or operator](/usc/42/9601.md?p=20-B) of a waste pile qualifying for the [authorization](/usc/42/4370m.md?p=3) to operate under [section 6925(e) of this title](/usc/42/6925.md?p=e) shall be subject to the same requirements for liners and leachate collection systems or equivalent protection provided in regulations promulgated by the [Administrator](/usc/42/6903.md?p=1) under [section 6924 of this title](/usc/42/6924.md) before October 1, 1982, or revised under [section 6924(o)](/usc/42/6924.md?p=o) of this title (relating to minimum technological requirements), for new [facilities](/usc/42/11049.md?p=4) receiving individual permits under subsection (c) of [section 6925 of this title](/usc/42/6925.md), with respect to each new [unit](/usc/42/1395w–114b.md?p=g-2), replacement of an existing [unit](/usc/42/1395w–114b.md?p=g-2), or lateral expansion of an existing [unit](/usc/42/1395w–114b.md?p=g-2) that is within the waste management area identified in the permit application submitted under [section 6925 of this title](/usc/42/6925.md), and with respect to waste received beginning six months after November 8, 1984.
- (b) **Landfills and surface impoundments—**
  - (1) The [owner or operator](/usc/42/9601.md?p=20-B) of a landfill or surface impoundment qualifying for the [authorization](/usc/42/4370m.md?p=3) to operate under [section 6925(e) of this title](/usc/42/6925.md?p=e) shall be subject to the requirements of [section 6924(o)](/usc/42/6924.md?p=o) of this title (relating to minimum technological requirements), with respect to each new [unit](/usc/42/1395w–114b.md?p=g-2), replacement of an existing [unit](/usc/42/1395w–114b.md?p=g-2), or lateral expansion of an existing [unit](/usc/42/1395w–114b.md?p=g-2) that is within the waste management area identified in the permit application submitted under this section, and with respect to waste received beginning 6 months after November 8, 1984.
  - (2) The [owner or operator](/usc/42/9601.md?p=20-B) of each [unit](/usc/42/1395w–114b.md?p=g-2) referred to in [paragraph (1)](#b-1) shall notify the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31), if appropriate) at least sixty days prior to receiving waste. The [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31)) 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](/usc/42/11049.md?p=4) submitting such notice.
  - (3) In the case of any [unit](/usc/42/1395w–114b.md?p=g-2) 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](/usc/42/6903.md?p=1)’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](/usc/42/1395w–114b.md?p=g-2) by the [Administrator](/usc/42/6903.md?p=1) when issuing the first permit under [section 6925 of this title](/usc/42/6925.md) to such [facility](/usc/42/11049.md?p=4), except that the [Administrator](/usc/42/6903.md?p=1) shall not be precluded from requiring installation of a new liner when the [Administrator](/usc/42/6903.md?p=1) has reason to believe that any liner installed pursuant to the requirements of this section is leaking. The [Administrator](/usc/42/6903.md?p=1) may, under [section 6924 of this title](/usc/42/6924.md), amend the requirements for liners and leachate collection systems required under this section as may be necessary to provide additional protection for human health and the environment.

# §6937. Inventory of Federal agency hazardous waste facilities

- (a) **Program requirement; submission; availability; contents—** Each [Federal agency](/usc/42/6903.md?p=4) shall undertake a continuing [program](/usc/42/274l–1.md?p=4) to compile, publish, and submit to the [Administrator](/usc/42/6903.md?p=1) (and to the [State](/usc/42/6903.md?p=31) in the case of sites in [States](/usc/42/6903.md?p=31) having an authorized [hazardous waste](/usc/42/6903.md?p=5) [program](/usc/42/274l–1.md?p=4)) an [inventory](/usc/42/4370m.md?p=14) of each site which the [Federal agency](/usc/42/6903.md?p=4) owns or operates or has owned or operated at which [hazardous waste](/usc/42/6903.md?p=5) is stored, treated, or disposed of or has been disposed of at any time. The [inventory](/usc/42/4370m.md?p=14) shall be submitted every two years beginning January 31, 1986. Such [inventory](/usc/42/4370m.md?p=14) shall be available to the public as provided in [section 6927(b) of this title](/usc/42/6927.md?p=b). Information previously submitted by a [Federal agency](/usc/42/6903.md?p=4) under [section 9603 of this title](/usc/42/9603.md), or under section [6925](/usc/42/6925.md) or [6930](/usc/42/6930.md) of this title, or under this section need not be resubmitted except that the agency shall update any previous submission to reflect the latest available data and information. The [inventory](/usc/42/4370m.md?p=14) shall include each of the following:
  - (1) A description of the location of each site at which any such [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) has taken place before the date on which permits are required under [section 6925 of this title](/usc/42/6925.md) for such [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), or [disposal](/usc/42/6903.md?p=3), and where [hazardous waste](/usc/42/6903.md?p=5) 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](/usc/42/6903.md?p=5) in each site as may be necessary to determine the extent of any health [hazard](/usc/42/5165f.md?p=a-3) which may be associated with any site.
  - (3) Information on the known nature and extent of environmental contamination at each site, including a description of the monitoring data obtained.
  - (4) Information concerning the current status of the site, including information respecting whether or not [hazardous waste](/usc/42/6903.md?p=5) is currently being treated, stored, or disposed of at such site (and if not, the date on which such activity ceased) and information respecting the nature of any other activity currently carried out at such site.
  - (5) A list of sites at which [hazardous waste](/usc/42/6903.md?p=5) has been disposed and environmental monitoring data has not been obtained, and the reasons for the lack of monitoring data at each site.
  - (6) A description of response actions undertaken or contemplated at contaminated sites.
  - (7) An identification of the types of techniques of waste [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) which have been used at each site.
  - (8) The name and address and responsible [Federal agency](/usc/42/6903.md?p=4) for each site, determined as of the date of preparation of the [inventory](/usc/42/4370m.md?p=14).
- (b) **Environmental Protection Agency program—** If the [Administrator](/usc/42/6903.md?p=1) determines that any [Federal agency](/usc/42/6903.md?p=4) under [subsection (a)](#a) is not adequately providing information respecting the sites referred to in [subsection (a)](#a), the [Administrator](/usc/42/6903.md?p=1) shall notify the chief official of such agency. If within ninety days following such notification, the [Federal agency](/usc/42/6903.md?p=4) has not undertaken a [program](/usc/42/274l–1.md?p=4) to adequately provide such information, the [Administrator](/usc/42/6903.md?p=1) shall carry out the [inventory](/usc/42/4370m.md?p=14) [program](/usc/42/274l–1.md?p=4) for such agency.

# §6938. Export of hazardous wastes

- (a) **In general—** Beginning twenty-four months after November 8, 1984, no [person](/usc/42/6903.md?p=15) shall export any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter unless[^1]
  - (1)
    - (A) such [person](/usc/42/6903.md?p=15) has provided the notification required in [subsection (c)](#c) of this section,
    - (B) the government of the receiving country has consented to accept such [hazardous waste](/usc/42/6903.md?p=5),
    - (C) a copy of the receiving country’s written consent is attached to the [manifest](/usc/42/6903.md?p=12) accompanying each waste shipment, and
    - (D) the shipment conforms with the terms of the consent of the government of the receiving country required pursuant to [subsection (e)](#e), or
  - (2) the [United States](/usc/42/403.md?p=k) and the government of the receiving country have entered into an [agreement](/usc/42/1320b–8.md?p=a-3-A) as provided for in [subsection (f)](#f) and the shipment conforms with the terms of such [agreement](/usc/42/1320b–8.md?p=a-3-A).
- (b) **Regulations—** Not later than twelve months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) shall promulgate the regulations necessary to implement this section. Such regulations shall become effective one hundred and eighty days after promulgation.
- (c) **Notification—** Any [person](/usc/42/6903.md?p=15) who intends to export a [hazardous waste](/usc/42/6903.md?p=5) identified or listed under this subchapter beginning twelve months after November 8, 1984, shall, before such [hazardous waste](/usc/42/6903.md?p=5) is scheduled to leave the [United States](/usc/42/403.md?p=k), provide notification to the [Administrator](/usc/42/6903.md?p=1). Such notification shall contain the following information:
  - (1) the name and address of the exporter;
  - (2) the types and estimated quantities of [hazardous waste](/usc/42/6903.md?p=5) 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](/usc/42/6903.md?p=5) will be transported to and treated, stored, or disposed in the receiving country; and
  - (6) the name and address of the ultimate [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33) or [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4).
- (d) **Procedures for requesting consent of receiving country—** Within thirty days of the [Administrator](/usc/42/6903.md?p=1)’s receipt of a complete notification under this section, the Secretary of State, acting on behalf of the [Administrator](/usc/42/6903.md?p=1), shall—
  - (1) forward a copy of the notification to the government of the receiving country;
  - (2) advise the government that [United States](/usc/42/403.md?p=k) law prohibits the export of [hazardous waste](/usc/42/6903.md?p=5) unless the receiving country consents to accept the [hazardous waste](/usc/42/6903.md?p=5);
  - (3) request the government to provide the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), and [disposal](/usc/42/6903.md?p=3) of the [hazardous waste](/usc/42/6903.md?p=5) in the [United States](/usc/42/403.md?p=k).
- (e) **Conveyance of written consent to exporter—** Within thirty days of receipt by the Secretary of State of the receiving country’s written consent or objection (or any subsequent communication withdrawing a prior consent or objection), the [Administrator](/usc/42/6903.md?p=1) shall forward such a consent, objection, or other communication to the exporter.
- (f) **International agreements—** Where there exists an international [agreement](/usc/42/1320b–8.md?p=a-3-A) between the [United States](/usc/42/403.md?p=k) and the government of the receiving country establishing notice, export, and enforcement procedures for the transportation, [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), and [disposal](/usc/42/6903.md?p=3) of [hazardous wastes](/usc/42/6903.md?p=5), only the requirements of subsections [(a)(2)](#a-2) and [(g)](#g) shall apply.
- (g) **Reports—** After November 8, 1984, any [person](/usc/42/6903.md?p=15) who exports any [hazardous waste](/usc/42/6903.md?p=5) identified or listed under [section 6921 of this title](/usc/42/6921.md) shall file with the [Administrator](/usc/42/6903.md?p=1) no later than March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all such [hazardous waste](/usc/42/6903.md?p=5) exported during the previous calendar year.
- (h) **Other standards—** Nothing in this section shall preclude the [Administrator](/usc/42/6903.md?p=1) from establishing other [standards](/usc/42/1320d.md?p=7) for the export of [hazardous wastes](/usc/42/6903.md?p=5) under [section 6922 of this title](/usc/42/6922.md) or [section 6923 of this title](/usc/42/6923.md).

# §6939. Domestic sewage

- (a) **Report—** The [Administrator](/usc/42/6903.md?p=1) shall, not later than 15 months after November 8, 1984, submit a report to the Congress concerning those substances identified or listed under [section 6921 of this title](/usc/42/6921.md) which are not regulated under this subchapter by reason of the exclusion for mixtures of domestic sewage and other wastes that pass through a sewer system to a publicly owned [treatment](/usc/42/6903.md?p=34) works. Such report shall include the types, size and number of generators which dispose of such substances in this manner, the types and quantities disposed of in this manner, and the identification of significant generators, wastes, and waste constituents not regulated under existing Federal law or regulated in a manner sufficient to protect human health and the environment.
- (b) **Revisions of regulations—** Within eighteen months after submitting the report specified in [subsection (a)](#a), the [Administrator](/usc/42/6903.md?p=1) shall revise existing regulations and promulgate such additional regulations pursuant to this subchapter (or any other authority of the [Administrator](/usc/42/6903.md?p=1), including [section 1317 of title 33](/usc/33/1317.md)) as are necessary to assure that substances identified or listed under [section 6921 of this title](/usc/42/6921.md) which pass through a sewer system to a publicly owned [treatment](/usc/42/6903.md?p=34) works are adequately controlled to protect human health and the environment.
- (c) **Report on wastewater lagoons—** The [Administrator](/usc/42/6903.md?p=1) shall, within thirty-six months after November 8, 1984, submit a report to Congress concerning wastewater lagoons at publicly owned [treatment](/usc/42/6903.md?p=34) works and their effect on groundwater quality. Such report shall include—
  - (1) the number and size of such lagoons;
  - (2) the types and quantities of waste contained in such lagoons;
  - (3) the extent to which such waste has been or may be released from such lagoons and contaminate ground water; and
  - (4) available alternatives for preventing or controlling such [releases](/usc/42/9601.md?p=22).

  The [Administrator](/usc/42/6903.md?p=1) may utilize the authority of sections [6927](/usc/42/6927.md) and [6934](/usc/42/6934.md) of this title for the purpose of completing such report.

- (d) **Application of sections 6927 and 6930—** The provisions of sections [6927](/usc/42/6927.md) and [6930](/usc/42/6930.md) of this title shall apply to solid or dissolved materials in domestic sewage to the same extent and in the same manner as such provisions apply to [hazardous waste](/usc/42/6903.md?p=5).

# §6939a. Exposure information and health assessments

- (a) **Exposure information—** Beginning on the date nine months after November 8, 1984, each application for a final determination regarding a permit under [section 6925(c) of this title](/usc/42/6925.md?p=c) for a landfill or surface impoundment shall be accompanied by information reasonably ascertainable by the [owner or operator](/usc/42/9601.md?p=20-B) on the potential for the public to be exposed to [hazardous wastes](/usc/42/6903.md?p=5) or hazardous constituents through [releases](/usc/42/9601.md?p=22) related to the [unit](/usc/42/1395w–114b.md?p=g-2). At a minimum, such information must address:
  - (1) reasonably foreseeable potential [releases](/usc/42/9601.md?p=22) from both normal operations and accidents at the [unit](/usc/42/1395w–114b.md?p=g-2), including [releases](/usc/42/9601.md?p=22) associated with transportation to or from the [unit](/usc/42/1395w–114b.md?p=g-2);
  - (2) the potential pathways of human exposure to [hazardous wastes](/usc/42/6903.md?p=5) or constituents resulting from the [releases](/usc/42/9601.md?p=22) described under [paragraph (1)](#a-1); and
  - (3) the potential magnitude and nature of the human exposure resulting from such [releases](/usc/42/9601.md?p=22).

  The [owner or operator](/usc/42/9601.md?p=20-B) of a landfill or surface impoundment for which an application for such a final determination under [section 6925(c) of this title](/usc/42/6925.md?p=c) has been submitted prior to November 8, 1984, shall submit the information required by this subsection to the [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31), in the case of a [State](/usc/42/6903.md?p=31) with an authorized [program](/usc/42/274l–1.md?p=4)) no later than the date nine months after November 8, 1984.

- (b) **Health assessments—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) (or the [State](/usc/42/6903.md?p=31), in the case of a [State](/usc/42/6903.md?p=31) with an authorized [program](/usc/42/274l–1.md?p=4)) shall make the information required by [subsection (a)](#a), together with other relevant information, available to the Agency for Toxic Substances and Disease [Registry](/usc/42/6341.md?p=6) established by [section 9604(i) of this title](/usc/42/9604.md?p=i).
  - (2) Whenever in the judgment of the [Administrator](/usc/42/6903.md?p=1), or the [State](/usc/42/6903.md?p=31) (in the case of a [State](/usc/42/6903.md?p=31) with an authorized [program](/usc/42/274l–1.md?p=4)), a landfill or a surface impoundment poses a substantial potential risk to human health, due to the existence of [releases](/usc/42/9601.md?p=22) of hazardous constituents, the magnitude of contamination with hazardous constituents which may be the result of a [release](/usc/42/9601.md?p=22), or the magnitude of the population exposed to such [release](/usc/42/9601.md?p=22) or contamination, the [Administrator](/usc/42/6903.md?p=1) or the [State](/usc/42/6903.md?p=31) (with the concurrence of the [Administrator](/usc/42/6903.md?p=1)) may request the [Administrator](/usc/42/6903.md?p=1) of the Agency for Toxic Substances and Disease [Registry](/usc/42/6341.md?p=6) to conduct a health assessment in connection with such [facility](/usc/42/11049.md?p=4) and take other appropriate action with respect to such risks as authorized by section [9604(b)](/usc/42/9604.md?p=b) and [(i)](/usc/42/9604.md?p=i) of this title. If [funds](/usc/42/12854.md?p=3) are provided in connection with such request the [Administrator](/usc/42/6903.md?p=1) of such Agency shall conduct such health assessment.
- (c) **Members of the public—** Any member of the public may submit evidence of [releases](/usc/42/9601.md?p=22) of or exposure to hazardous constituents from such a [facility](/usc/42/11049.md?p=4), or as to the risks or health effects associated with such [releases](/usc/42/9601.md?p=22) or exposure, to the [Administrator](/usc/42/6903.md?p=1) of the Agency for Toxic Substances and Disease [Registry](/usc/42/6341.md?p=6), the [Administrator](/usc/42/6903.md?p=1), or the [State](/usc/42/6903.md?p=31) (in the case of a [State](/usc/42/6903.md?p=31) with an authorized [program](/usc/42/274l–1.md?p=4)).
- (d) **Priority—** In determining the order in which to conduct [health assessments](#f) under this subsection, the [Administrator](/usc/42/6903.md?p=1) of the Agency for Toxic Substances and Disease [Registry](/usc/42/6341.md?p=6) shall give priority to those [facilities](/usc/42/11049.md?p=4) or sites at which there is documented evidence of [release](/usc/42/9601.md?p=22) of hazardous constituents, at which the potential risk to human health appears highest, and for which in the judgment of the [Administrator](/usc/42/6903.md?p=1) of such Agency existing health assessment data is inadequate to assess the potential risk to human health as provided in [subsection (f)](#f).
- (e) **Periodic reports—** The [Administrator](/usc/42/6903.md?p=1) of such Agency shall issue periodic reports which include the results of all the assessments carried out under this section. Such assessments or other activities shall be reported after appropriate peer review.
- (f) **“Health assessments” defined—** For the purposes of this section, the term “health assessments” shall include preliminary assessments of the potential risk to human health posed by individual sites and [facilities](/usc/42/11049.md?p=4) subject to this section, based on such factors as the nature and extent of contamination, the existence of potential for pathways of human exposure (including ground or surface water contamination, air emissions, and food chain contamination), the size and potential susceptibility of the community within the likely pathways of exposure, the comparison of expected human exposure levels to the short-term and long-term health effects associated with identified [contaminants](/usc/42/1397h.md?p=c-4) and any available recommended exposure or tolerance limits for such [contaminants](/usc/42/1397h.md?p=c-4), and the comparison of existing morbidity and mortality data on diseases that may be associated with the observed levels of exposure. The assessment shall include an evaluation of the risks to the potentially affected population from all sources of such [contaminants](/usc/42/1397h.md?p=c-4), including known point or nonpoint sources other than the site or [facility](/usc/42/11049.md?p=4) 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](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/1397h.md?p=c-4), the costs of such health assessment may be recovered as a cost of response under [section 9607 of this title](/usc/42/9607.md) from [persons](/usc/42/6903.md?p=15) causing or contributing to such [release](/usc/42/9601.md?p=22) of such [hazardous substance](/usc/42/1397h.md?p=c-4) or, in the case of multiple [releases](/usc/42/9601.md?p=22) contributing to such exposure, to all such [release](/usc/42/9601.md?p=22).

# §6939b. Interim control of hazardous waste injection

- (a) **Underground source of drinking water—** No [hazardous waste](/usc/42/6903.md?p=5) may be disposed of by underground injection—
  - (1) into a [formation](#d) which contains (within one-quarter mile of the [well](#d) used for such underground injection) an [underground source of drinking water](#d); or
  - (2) above such a [formation](#d).

  The prohibitions established under this section shall take effect 6 months after November 8, 1984, except in the case of any [State](/usc/42/6903.md?p=31) in which identical or more stringent prohibitions are in effect before such date under the [Safe Drinking Water Act](#d) [[42 U.S.C. 300f](/usc/42/300f.md) et seq.].

- (b) **Actions under Comprehensive Environmental Response, Compensation, and Liability Act—** [Subsection (a)](#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 [9604](/usc/42/9604.md) or [9606](/usc/42/9606.md) of this title, or
    - (B) part of corrective action required under this chapter[^1]

    intended to clean up such contamination;

  - (2) such contaminated ground water is treated to substantially reduce hazardous constituents prior to such injection; and
  - (3) such response action or corrective action will, upon completion, be sufficient to protect human health and the environment.
- (c) **Enforcement—** In addition to enforcement under the provisions of this chapter, the prohibitions established under paragraphs [(1)](#a-1) and [(2)](#a-2) of subsection (a) shall be enforceable under the [Safe Drinking Water Act](#d) [[42 U.S.C. 300f](/usc/42/300f.md) et seq.] in any [State](/usc/42/6903.md?p=31)—
  - (1) which has adopted identical or more stringent prohibitions under part C of the [Safe Drinking Water Act](#d) [[42 U.S.C. 300h](/usc/42/300h.md) et seq.] and which has assumed [primary enforcement responsibility](#d) under that Act for enforcement of such prohibitions; or
  - (2) in which the [Administrator](/usc/42/6903.md?p=1) has adopted identical or more stringent prohibitions under the [Safe Drinking Water Act](#d) [[42 U.S.C. 300f](/usc/42/300f.md) et seq.] and is exercising [primary enforcement responsibility](#d) under that Act for enforcement of such prohibitions.
- (d) **Definitions—** The terms “primary enforcement responsibility”, “underground source of drinking water”, “formation” and “well” have the same meanings as provided in regulations of the [Administrator](/usc/42/6903.md?p=1) under the Safe Drinking Water Act [[42 U.S.C. 300f](/usc/42/300f.md) et seq.]. The term “Safe Drinking Water Act” means title XIV of the Public Health Service Act.

# §6939c. Mixed waste inventory reports and plan

- (a) **Mixed waste inventory reports—**
  - (1) **Requirement—** Not later than 180 days after October 6, 1992, the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall submit to the [Administrator](/usc/42/6903.md?p=1) and to the [Governor](/usc/42/6372.md?p=1) of each [State](/usc/42/6903.md?p=31) in which the Department of [Energy](/usc/42/6311.md?p=7) stores or [generates](/usc/42/2021b.md?p=8) [mixed wastes](/usc/42/6903.md?p=41) the following reports:
    - (A) A report containing a national [inventory](/usc/42/4370m.md?p=14) of all such [mixed wastes](/usc/42/6903.md?p=41), regardless of the time they were generated, on a [State](/usc/42/6903.md?p=31)-by-[State](/usc/42/6903.md?p=31) basis.
    - (B) A report containing a national [inventory](/usc/42/4370m.md?p=14) of [mixed waste](/usc/42/6903.md?p=41) [treatment](/usc/42/6903.md?p=34) capacities and technologies.
  - (2) **Inventory of wastes—** The report required by [paragraph (1)(A)](#a-1-A) shall include the following:
    - (A) A description of each type of [mixed waste](/usc/42/6903.md?p=41) at each Department of [Energy](/usc/42/6311.md?p=7) [facility](/usc/42/11049.md?p=4) in each [State](/usc/42/6903.md?p=31), including, at a minimum, the name of the waste stream.
    - (B) The amount of each type of [mixed waste](/usc/42/6903.md?p=41) currently stored at each Department of [Energy](/usc/42/6311.md?p=7) [facility](/usc/42/11049.md?p=4) in each [State](/usc/42/6903.md?p=31), set forth separately by [mixed waste](/usc/42/6903.md?p=41) that is subject to the land [disposal](/usc/42/6903.md?p=3) prohibition requirements of [section 6924 of this title](/usc/42/6924.md) and [mixed waste](/usc/42/6903.md?p=41) that is not subject to such prohibition requirements.
    - (C) An estimate of the amount of each type of [mixed waste](/usc/42/6903.md?p=41) the Department expects to [generate](/usc/42/2021b.md?p=8) in the next 5 years at each Department of [Energy](/usc/42/6311.md?p=7) [facility](/usc/42/11049.md?p=4) in each [State](/usc/42/6903.md?p=31).
    - (D) A description of any waste minimization actions the Department has implemented at each Department of [Energy](/usc/42/6311.md?p=7) [facility](/usc/42/11049.md?p=4) in each [State](/usc/42/6903.md?p=31) for each [mixed waste](/usc/42/6903.md?p=41) stream.
    - (E) The EPA hazardous waste code for each type of [mixed waste](/usc/42/6903.md?p=41) containing waste that has been characterized at each Department of [Energy](/usc/42/6311.md?p=7) [facility](/usc/42/11049.md?p=4) in each [State](/usc/42/6903.md?p=31).
    - (F) An [inventory](/usc/42/4370m.md?p=14) of each type of waste that has not been characterized by sampling and analysis at each Department of [Energy](/usc/42/6311.md?p=7) [facility](/usc/42/11049.md?p=4) in each [State](/usc/42/6903.md?p=31).
    - (G) The basis for the Department’s determination of the applicable hazardous waste code for each type of [mixed waste](/usc/42/6903.md?p=41) at each Department of [Energy](/usc/42/6311.md?p=7) [facility](/usc/42/11049.md?p=4) and a description of whether the determination is based on sampling and analysis conducted on the waste or on the basis of process knowledge.
    - (H) A description of the source of each type of [mixed waste](/usc/42/6903.md?p=41) at each Department of [Energy](/usc/42/6311.md?p=7) [facility](/usc/42/11049.md?p=4) in each [State](/usc/42/6903.md?p=31).
    - (I) The land [disposal](/usc/42/6903.md?p=3) prohibition [treatment](/usc/42/6903.md?p=34) technology or technologies specified for the [hazardous waste](/usc/42/6903.md?p=5) component of each type of [mixed waste](/usc/42/6903.md?p=41) at each Department of [Energy](/usc/42/6311.md?p=7) [facility](/usc/42/11049.md?p=4) in each [State](/usc/42/6903.md?p=31).
    - (J) A statement of whether and how the radionuclide content of the waste alters or affects use of the technologies described in [subparagraph (I)](#a-2-I).
  - (3) **Inventory of treatment capacities and technologies—** The report required by [paragraph (1)(B)](#a-1-B) shall include the following:
    - (A) An estimate of the available [treatment](/usc/42/6903.md?p=34) capacity for each waste described in the report required by [paragraph (1)(A)](#a-1-A) for which [treatment](/usc/42/6903.md?p=34) technologies exist.
    - (B) A description, including the capacity, number and location, of each [treatment](/usc/42/6903.md?p=34) [unit](/usc/42/1395w–114b.md?p=g-2) considered in calculating the estimate under [subparagraph (A)](#a-3-A).
    - (C) A description, including the capacity, number and location, of any existing [treatment](/usc/42/6903.md?p=34) [unit](/usc/42/1395w–114b.md?p=g-2) that was not considered in calculating the estimate under [subparagraph (A)](#a-3-A) but that could, alone or in conjunction with other [treatment](/usc/42/6903.md?p=34) [units](/usc/42/1395w–114b.md?p=g-2), be used to treat any of the wastes described in the report required by [paragraph (1)(A)](#a-1-A) to meet the requirements of regulations promulgated pursuant to [section 6924(m) of this title](/usc/42/6924.md?p=m).
    - (D) For each [unit](/usc/42/1395w–114b.md?p=g-2) listed in [subparagraph (C)](#a-3-C), a statement of the reasons why the [unit](/usc/42/1395w–114b.md?p=g-2) was not included in calculating the estimate under [subparagraph (A)](#a-3-A).
    - (E) A description, including the capacity, number, location, and estimated date of availability, of each [treatment](/usc/42/6903.md?p=34) [unit](/usc/42/1395w–114b.md?p=g-2) currently proposed to increase the [treatment](/usc/42/6903.md?p=34) capacities estimated under [subparagraph (A)](#a-3-A).
    - (F) For each waste described in the report required by [paragraph (1)(A)](#a-1-A) for which the Department has determined no [treatment](/usc/42/6903.md?p=34) technology exists, information sufficient to support such determination and a description of the technological approaches the Department anticipates will need to be developed to treat the waste.
  - (4) **Comments and revisions—** Not later than 90 days after the date of the submission of the reports by the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) under [paragraph (1)](#a-1), the [Administrator](/usc/42/6903.md?p=1) and each [State](/usc/42/6903.md?p=31) which received the reports shall submit any comments they may have concerning the reports to the Department of [Energy](/usc/42/6311.md?p=7). The [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall consider and publish the comments prior to publication of the final report.
  - (5) **Requests for additional information—** Nothing in this subsection limits or restricts the authority of [States](/usc/42/6903.md?p=31) or the [Administrator](/usc/42/6903.md?p=1) to request additional information from the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7).
- (b) **Plan for development of treatment capacities and technologies—**
  - (1) **Plan requirement—**
    - (A)
      - (i) For each [facility](/usc/42/11049.md?p=4) at which the Department of [Energy](/usc/42/6311.md?p=7) [generates](/usc/42/2021b.md?p=8) or stores [mixed wastes](/usc/42/6903.md?p=41), except any [facility](/usc/42/11049.md?p=4) subject to a permit, [agreement](/usc/42/1320b–8.md?p=a-3-A), or order described in [clause (ii)](#b-1-A-ii), the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall develop and submit, as provided in [paragraph (2)](#b-2), a plan for developing [treatment](/usc/42/6903.md?p=34) capacities and technologies to treat all of the [facility](/usc/42/11049.md?p=4)’s [mixed wastes](/usc/42/6903.md?p=41), regardless of the time they were generated, to the [standards](/usc/42/1320d.md?p=7) promulgated pursuant to [section 6924(m) of this title](/usc/42/6924.md?p=m).
      - (ii) [Clause (i)](#b-1-A-i) shall not apply with respect to any [facility](/usc/42/11049.md?p=4) subject to any permit establishing a schedule for [treatment](/usc/42/6903.md?p=34) of such wastes, or any existing [agreement](/usc/42/1320b–8.md?p=a-3-A) or administrative or judicial order governing the [treatment](/usc/42/6903.md?p=34) of such wastes, to which the [State](/usc/42/6903.md?p=31) is a party.
    - (B) Each plan shall contain the following:
      - (i) For [mixed wastes](/usc/42/6903.md?p=41) for which [treatment](/usc/42/6903.md?p=34) technologies exist, a schedule for submitting all applicable permit applications, entering into contracts, initiating [construction](/usc/42/6903.md?p=2), conducting systems testing, commencing operations, and processing backlogged and currently generated [mixed wastes](/usc/42/6903.md?p=41).
      - (ii) For [mixed wastes](/usc/42/6903.md?p=41) for which no [treatment](/usc/42/6903.md?p=34) technologies exist, a schedule for identifying and developing such technologies, identifying the funding requirements for the identification and development of such technologies, submitting treatability study exemptions, and submitting research and development permit applications.
      - (iii) For all cases where the Department proposes radionuclide separation of [mixed wastes](/usc/42/6903.md?p=41), or materials derived from [mixed wastes](/usc/42/6903.md?p=41), it shall provide an estimate of the volume of waste generated by each case of radionuclide separation, the volume of waste that would exist or be generated without radionuclide separation, the estimated costs of waste [treatment](/usc/42/6903.md?p=34) and [disposal](/usc/42/6903.md?p=3) if radionuclide separation is used compared to the estimated costs if it is not used, and the assumptions underlying such waste volume and cost estimates.
    - (C) A plan required under this subsection may provide for centralized, regional, or on-site [treatment](/usc/42/6903.md?p=34) of [mixed wastes](/usc/42/6903.md?p=41), or any combination thereof.
  - (2) **Review and approval of plan—**
    - (A) For each [facility](/usc/42/11049.md?p=4) that is located in a [State](/usc/42/6903.md?p=31) (i) with authority under [State](/usc/42/6903.md?p=31) law to prohibit land [disposal](/usc/42/6903.md?p=3) of [mixed waste](/usc/42/6903.md?p=41) until the waste has been treated and (ii) with both authority under [State](/usc/42/6903.md?p=31) law to regulate the hazardous components of [mixed waste](/usc/42/6903.md?p=41) and [authorization](/usc/42/4370m.md?p=3) from the Environmental Protection Agency under [section 6926 of this title](/usc/42/6926.md) to regulate the hazardous components of [mixed waste](/usc/42/6903.md?p=41), the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall submit the plan required under [paragraph (1)](#b-1) to the appropriate [State](/usc/42/6903.md?p=31) regulatory officials for their review and approval, [modification](/usc/42/7501.md?p=4), or disapproval. In reviewing the plan, the [State](/usc/42/6903.md?p=31) shall consider the need for regional [treatment](/usc/42/6903.md?p=34) [facilities](/usc/42/11049.md?p=4). The [State](/usc/42/6903.md?p=31) shall consult with the [Administrator](/usc/42/6903.md?p=1) and any other [State](/usc/42/6903.md?p=31) in which a [facility](/usc/42/11049.md?p=4) affected by the plan is located and consider public comments in making its determination on the plan. The [State](/usc/42/6903.md?p=31) shall approve, approve with [modifications](/usc/42/7501.md?p=4), or disapprove the plan within 6 months after receipt of the plan.
    - (B) For each [facility](/usc/42/11049.md?p=4) located in a [State](/usc/42/6903.md?p=31) that does not have the authority described in [subparagraph (A)](#b-2-A), the [Secretary](/usc/42/242q–4.md?p=2) shall submit the plan required under [paragraph (1)](#b-1) to the [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection Agency for review and approval, [modification](/usc/42/7501.md?p=4), or disapproval. A copy of the plan also shall be provided by the [Secretary](/usc/42/242q–4.md?p=2) to the [State](/usc/42/6903.md?p=31) in which such [facility](/usc/42/11049.md?p=4) is located. In reviewing the plan, the [Administrator](/usc/42/6903.md?p=1) shall consider the need for regional [treatment](/usc/42/6903.md?p=34) [facilities](/usc/42/11049.md?p=4). The [Administrator](/usc/42/6903.md?p=1) shall consult with the [State](/usc/42/6903.md?p=31) or [States](/usc/42/6903.md?p=31) in which any [facility](/usc/42/11049.md?p=4) affected by the plan is located and consider public comments in making a determination on the plan. The [Administrator](/usc/42/6903.md?p=1) shall approve, approve with [modifications](/usc/42/7501.md?p=4), or disapprove the plan within 6 months after receipt of the plan.
    - (C) Upon the approval of a plan under this paragraph by the [Administrator](/usc/42/6903.md?p=1) or a [State](/usc/42/6903.md?p=31), the [Administrator](/usc/42/6903.md?p=1) shall issue an order under [section 6928(a) of this title](/usc/42/6928.md?p=a), or the [State](/usc/42/6903.md?p=31) shall issue an order under appropriate [State authority](/usc/42/6903.md?p=32), requiring compliance with the approved plan.
  - (3) **Public participation—** Upon submission of a plan by the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) to the [Administrator](/usc/42/6903.md?p=1) or a [State](/usc/42/6903.md?p=31), and before approval of the plan by the [Administrator](/usc/42/6903.md?p=1) or a [State](/usc/42/6903.md?p=31), the [Administrator](/usc/42/6903.md?p=1) or [State](/usc/42/6903.md?p=31) shall publish a notice of the availability of the submitted plan and make such submitted plan available to the public on request.
  - (4) **Revisions of plan—** If any revisions of an approved plan are proposed by the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) or required by the [Administrator](/usc/42/6903.md?p=1) or a [State](/usc/42/6903.md?p=31), the provisions of paragraphs [(2)](#b-2) and [(3)](#b-3) shall apply to the revisions in the same manner as they apply to the original plan.
  - (5) **Waiver of plan requirement—**
    - (A) A [State](/usc/42/6903.md?p=31) may waive the requirement for the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) to develop and submit a plan under this subsection for a [facility](/usc/42/11049.md?p=4) located in the [State](/usc/42/6903.md?p=31) if the [State](/usc/42/6903.md?p=31) (i) enters into an [agreement](/usc/42/1320b–8.md?p=a-3-A) with the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) that addresses compliance at that [facility](/usc/42/11049.md?p=4) with [section 6924(j) of this title](/usc/42/6924.md?p=j) with respect to [mixed waste](/usc/42/6903.md?p=41), and (ii) issues an order requiring compliance with such [agreement](/usc/42/1320b–8.md?p=a-3-A) and which is in effect.
    - (B) Any [violation](/usc/42/2000e–16a.md?p=c) of an [agreement](/usc/42/1320b–8.md?p=a-3-A) or order referred to in [subparagraph (A)](#b-5-A) is subject to the waiver of sovereign immunity contained in [section 6961(a) of this title](/usc/42/6961.md?p=a).
- (c) **Schedule and progress reports—**
  - (1) **Schedule—** Not later than 6 months after October 6, 1992, the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall publish in the Federal Register a schedule for submitting the plans required under [subsection (b)](#b).
  - (2) **Progress reports—**
    - (A) Not later than the deadlines specified in [subparagraph (B)](#c-2-B), the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall submit to the Committee on Environment and Public Works of the Senate and the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5) a progress report containing the following:
      - (i) An identification, by [facility](/usc/42/11049.md?p=4), of the plans that have been submitted to [States](/usc/42/6903.md?p=31) or the [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection Agency pursuant to [subsection (b)](#b).
      - (ii) The status of [State](/usc/42/6903.md?p=31) and Environmental Protection Agency review and approval of each such plan.
      - (iii) The number of orders requiring compliance with such plans that are in effect.
      - (iv) For the first 2 reports required under this paragraph, an identification of the plans required under such [subsection (b)](#b) that the [Secretary](/usc/42/242q–4.md?p=2) expects to submit in the 12-month period following submission of the report.
    - (B) The [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall submit a report under [subparagraph (A)](#c-2-A) not later than 12 months after October 6, 1992, 24 months after October 6, 1992, and 36 months after October 6, 1992.

# §6939d. Public vessels

- (a) **Waste generated on public vessels—** Any [hazardous waste](/usc/42/6903.md?p=5) generated on a [public vessel](#c-1) shall not be subject to the [storage](/usc/42/6903.md?p=33), [manifest](/usc/42/6903.md?p=12), [inspection](/usc/42/4851b.md?p=12), or recordkeeping requirements of this chapter until such waste is transferred to a shore [facility](/usc/42/11049.md?p=4), unless—
  - (1) the waste is stored on the [public vessel](#c-1) for more than 90 days after the [public vessel](#c-1) is placed [in reserve](#c-2) or is otherwise no longer [in service](#c-2); or
  - (2) the waste is transferred to another [public vessel](#c-1) within the territorial waters of the [United States](/usc/42/403.md?p=k) and is stored on such vessel or another [public vessel](#c-1) for more than 90 days after the date of transfer.
- (b) **Computation of storage period—** For purposes of [subsection (a)](#a), the 90-day period begins on the earlier of—
  - (1) the date on which the [public vessel](#c-1) on which the waste was generated is placed [in reserve](#c-2) or is otherwise no longer [in service](#c-2); or
  - (2) the date on which the waste is transferred from the [public vessel](#c-1) on which the waste was generated to another [public vessel](#c-1) within the territorial waters of the [United States](/usc/42/403.md?p=k);

  and continues, without interruption, as long as the waste is stored on the original [public vessel](#c-1) (if [in reserve](#c-2) or not [in service](#c-2)) or another [public vessel](#c-1).

- (c) **Definitions—** For purposes of this section:
  - (1) The term “public vessel” means a vessel owned or bareboat chartered and operated by the [United States](/usc/42/403.md?p=k), or by a foreign nation, except when the vessel is engaged in [commerce](/usc/42/6311.md?p=7).
  - (2) The terms “in reserve” and “in service” have the meanings applicable to those terms under section 8663 and [sections 8674 through 8678](/usc/10/8674..8678.md) of title 10 and regulations prescribed under those sections.
- (d) **Relationship to other law—** Nothing in this section shall be construed as altering or otherwise affecting the provisions of [section 8681 of title 10](/usc/10/8681.md).

# §6939e. Federally owned treatment works

- (a) **In general—** For purposes of [section 6903(27) of this title](/usc/42/6903.md?p=27), the phrase “but does not include solid or dissolved material in domestic sewage” shall apply to any solid or dissolved material introduced by a source into a [federally owned treatment works](#d) if—
  - (1) such solid or dissolved material is subject to a pretreatment [standard](/usc/42/1320d.md?p=7) under [section 1317 of title 33](/usc/33/1317.md), and the source is in compliance with such [standard](/usc/42/1320d.md?p=7);
  - (2) for a solid or dissolved material for which a pretreatment [standard](/usc/42/1320d.md?p=7) has not been promulgated pursuant to [section 1317 of title 33](/usc/33/1317.md), the [Administrator](/usc/42/6903.md?p=1) has promulgated a schedule for establishing such a pretreatment [standard](/usc/42/1320d.md?p=7) which would be applicable to such solid or dissolved material not later than 7 years after October 6, 1992, such [standard](/usc/42/1320d.md?p=7) is promulgated on or before the date established in the schedule, and after the effective date of such [standard](/usc/42/1320d.md?p=7) the source is in compliance with such [standard](/usc/42/1320d.md?p=7);
  - (3) such solid or dissolved material is not covered by paragraph [(1)](#a-1) or [(2)](#a-2) and is not prohibited from land [disposal](/usc/42/6903.md?p=3) under subsections[^1] (d), (e), (f), or (g) of [section 6924 of this title](/usc/42/6924.md) because such material has been treated in accordance with [section 6924(m) of this title](/usc/42/6924.md?p=m); or
  - (4) notwithstanding paragraphs[^1] (1), (2), or (3), such solid or dissolved material is generated by a household or [person](/usc/42/6903.md?p=15) which [generates](/usc/42/2021b.md?p=8) less than 100 kilograms of [hazardous waste](/usc/42/6903.md?p=5) per month unless such solid or dissolved material would otherwise be an acutely [hazardous waste](/usc/42/6903.md?p=5) and subject to [standards](/usc/42/1320d.md?p=7), regulations, or other requirements under this chapter notwithstanding the quantity generated.
- (b) **Prohibition—** It is unlawful to introduce into a [federally owned treatment works](#d) any [pollutant](/usc/42/1397h.md?p=c-4) that is a [hazardous waste](/usc/42/6903.md?p=5).
- (c) **Enforcement—**
  - (1) Actions taken to enforce this section shall not require closure of a [treatment](/usc/42/6903.md?p=34) works if the [hazardous waste](/usc/42/6903.md?p=5) is removed or decontaminated and such [removal](/usc/42/9601.md?p=23) or decontamination is adequate, in the discretion of the [Administrator](/usc/42/6903.md?p=1) or, in the case of an authorized [State](/usc/42/6903.md?p=31), of the [State](/usc/42/6903.md?p=31), to protect human health and the environment.
  - (2) Nothing in this subsection shall be construed to prevent the [Administrator](/usc/42/6903.md?p=1) or an authorized [State](/usc/42/6903.md?p=31) from ordering the closure of a [treatment](/usc/42/6903.md?p=34) works if the [Administrator](/usc/42/6903.md?p=1) or [State](/usc/42/6903.md?p=31) determines such closure is necessary for protection of human health and the environment.
  - (3) Nothing in this subsection shall be construed to affect any other enforcement authorities available to the [Administrator](/usc/42/6903.md?p=1) or a [State](/usc/42/6903.md?p=31) under this subchapter.
- (d) **“Federally owned treatment works” defined—** For purposes of this section, the term “federally owned treatment works” means a [facility](/usc/42/11049.md?p=4) that is owned and operated by a department, agency, or instrumentality of the Federal Government treating wastewater, a majority of which is domestic sewage, prior to discharge in accordance with a permit issued under [section 1342 of title 33](/usc/33/1342.md).
- (e) **Savings clause—** Nothing in this section shall be construed as affecting any [agreement](/usc/42/1320b–8.md?p=a-3-A), permit, or administrative or judicial order, or any condition or requirement contained in such an [agreement](/usc/42/1320b–8.md?p=a-3-A), permit, or order, that is in existence on October 6, 1992, and that requires corrective action or closure at a [federally owned treatment works](#d) or [solid waste management](/usc/42/6903.md?p=28) [unit](/usc/42/1395w–114b.md?p=g-2) or [facility](/usc/42/11049.md?p=4) related to such a [treatment](/usc/42/6903.md?p=34) works.

# §6939f. Long-term storage

- (a) **Designation of facility—**
  - (1) **In general—** Not later than January 1, 2010, the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) (referred to in this section as the “[Secretary](/usc/42/242q–4.md?p=2)”) shall designate a [facility](/usc/42/11049.md?p=4) or [facilities](/usc/42/11049.md?p=4) of the Department of [Energy](/usc/42/6311.md?p=7), which shall not include the Y–12 National Security Complex or any other portion or [facility](/usc/42/11049.md?p=4) of the Oak Ridge Reservation of the Department of [Energy](/usc/42/6311.md?p=7), for the purpose of long-term management and [storage](/usc/42/6903.md?p=33) of elemental mercury generated within the [United States](/usc/42/403.md?p=k).
  - (2) **Operation of facility—** Not later than January 1, 2019, the [facility](/usc/42/11049.md?p=4) designated in [paragraph (1)](#a-1) shall be operational and shall accept custody, for the purpose of long-term management and [storage](/usc/42/6903.md?p=33), of elemental mercury generated within the [United States](/usc/42/403.md?p=k) and delivered to such [facility](/usc/42/11049.md?p=4).
- (b) **Fees—**
  - (1) **In general—**
    - (A) **Assessment and collection—** After consultation with [persons](/usc/42/6903.md?p=15) who are likely to deliver elemental mercury to a designated [facility](/usc/42/11049.md?p=4) for long-term management and [storage](/usc/42/6903.md?p=33) under the [program](/usc/42/274l–1.md?p=4) prescribed in [subsection (a)](#a), and with other interested [persons](/usc/42/6903.md?p=15), the [Secretary](/usc/42/242q–4.md?p=2) shall assess and collect a fee at the time of delivery for providing such management and [storage](/usc/42/6903.md?p=33), based on the pro rata cost of long-term management and [storage](/usc/42/6903.md?p=33) of elemental mercury delivered to the [facility](/usc/42/11049.md?p=4).
    - (B) **Amount—** The amount of the fees described in [subparagraph (A)](#b-1-A)—
      - (i) shall be made publicly available not later than October 1, 2018;
      - (ii) may be adjusted annually;
      - (iii) shall be set in an amount sufficient to cover the costs described in [paragraph (2)](#b-2), subject to [clause (iv)](#b-1-B-iv); and
      - (iv) for generators temporarily accumulating elemental mercury in a [facility](/usc/42/11049.md?p=4) subject to subparagraphs [(B)](#g-2-B) and [(D)(iv)](#g-2-D-iv) of subsection (g)(2) if the [facility](/usc/42/11049.md?p=4) designated in [subsection (a)](#a) is not operational by January 1, 2019, shall be adjusted to subtract the cost of the temporary accumulation during the period in which the [facility](/usc/42/11049.md?p=4) designated under [subsection (a)](#a) is not operational.
    - (C) **Conveyance of title and permitting—** If the [facility](/usc/42/11049.md?p=4) designated in [subsection (a)](#a) is not operational by January 1, 2020, the [Secretary](/usc/42/242q–4.md?p=2)—
      - (i) shall immediately accept the conveyance of title to all elemental mercury that has accumulated in [facilities](/usc/42/11049.md?p=4) in accordance with [subsection (g)(2)(D)](#g-2-D), before January 1, 2020, and deliver the accumulated mercury to the [facility](/usc/42/11049.md?p=4) designated under [subsection (a)](#a) on the date on which the [facility](/usc/42/11049.md?p=4) becomes operational;
      - (ii) shall pay any applicable Federal permitting costs, including the costs for permits issued under section 3005(c) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act ([42 U.S.C. 6925(c)](/usc/42/6925.md?p=c)); and
      - (iii) shall store, or pay the cost of [storage](/usc/42/6903.md?p=33) of, until the time at which a [facility](/usc/42/11049.md?p=4) designated in [subsection (a)](#a) is operational, accumulated mercury to which the [Secretary](/usc/42/242q–4.md?p=2) has title under this subparagraph in a [facility](/usc/42/11049.md?p=4) that has been issued a permit under section 3005(c) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act ([42 U.S.C. 6925(c)](/usc/42/6925.md?p=c)).
  - (2) **Costs—** The costs referred to in [paragraph (1)(B)(iii)](#b-1-B-iii) are the costs to the Department of [Energy](/usc/42/6311.md?p=7) of providing such management and [storage](/usc/42/6903.md?p=33), including [facility](/usc/42/11049.md?p=4) operation and maintenance, security, monitoring, reporting, personnel, administration, [inspections](/usc/42/4851b.md?p=12), [training](/usc/42/285e–2.md?p=b-2), fire suppression, closure, and other costs required for compliance with applicable law. Such costs shall not include costs associated with land acquisition or permitting of a designated [facility](/usc/42/11049.md?p=4) under the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act [[42 U.S.C. 6901](/usc/42/6901.md) et seq.] or other applicable law. [Building](/usc/42/6881.md?p=i-3) design and [building](/usc/42/6881.md?p=i-3) [construction](/usc/42/6903.md?p=2) costs shall only be included to the extent that the [Secretary](/usc/42/242q–4.md?p=2) finds that the management and [storage](/usc/42/6903.md?p=33) of elemental mercury accepted under the [program](/usc/42/274l–1.md?p=4) under this section cannot be accomplished without [construction](/usc/42/6903.md?p=2) of a new [building](/usc/42/6881.md?p=i-3) or [buildings](/usc/42/6881.md?p=i-3).
- (c) **Report—** Not later than 60 days after the end of each Federal fiscal year, the [Secretary](/usc/42/242q–4.md?p=2) shall transmit to the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on Environment and Public Works of the Senate a report on all of the costs incurred in the previous fiscal year associated with the long-term management and [storage](/usc/42/6903.md?p=33) of elemental mercury. Such report shall set forth separately the costs associated with activities taken under this section.
- (d) **Management standards for a facility—**
  - (1) **Guidance—** Not later than October 1, 2009, the [Secretary](/usc/42/242q–4.md?p=2), after consultation with the [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection Agency and all appropriate [State agencies](/usc/42/1396r–8.md?p=k-9) in affected [States](/usc/42/6903.md?p=31), shall make available, including to potential users of the long-term management and [storage](/usc/42/6903.md?p=33) [program](/usc/42/274l–1.md?p=4) established under [subsection (a)](#a), guidance that establishes procedures and [standards](/usc/42/1320d.md?p=7) for the receipt, management, and long-term [storage](/usc/42/6903.md?p=33) of elemental mercury at a designated [facility](/usc/42/11049.md?p=4) or [facilities](/usc/42/11049.md?p=4), including requirements to ensure appropriate use of flasks or other suitable shipping containers. Such procedures and [standards](/usc/42/1320d.md?p=7) shall be protective of human health and the environment and shall ensure that the elemental mercury is stored in a safe, secure, and effective manner. In addition to such procedures and [standards](/usc/42/1320d.md?p=7), elemental mercury managed and stored under this section at a designated [facility](/usc/42/11049.md?p=4) shall be subject to the requirements of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act [[42 U.S.C. 6901](/usc/42/6901.md) et seq.], including the requirements of subtitle C of that Act [[42 U.S.C. 6921](/usc/42/6921.md) et seq.], except as provided in [subsection (g)(2)](#g-2) of this section. A designated [facility](/usc/42/11049.md?p=4) is authorized to operate under interim status pursuant to section 3005(e) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act [[42 U.S.C. 6925(e)](/usc/42/6925.md?p=e)] until a final decision on a permit application is made pursuant to section 3005(c) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act [[42 U.S.C. 6925(c)](/usc/42/6925.md?p=c)]. Not later than January 1, 2020, the [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection Agency (or an authorized [State](/usc/42/6903.md?p=31)) shall issue a final decision on the permit application.
  - (2) **Training—** The [Secretary](/usc/42/242q–4.md?p=2) shall conduct operational [training](/usc/42/285e–2.md?p=b-2) and emergency [training](/usc/42/285e–2.md?p=b-2) for all staff that have responsibilities related to elemental mercury management, transfer, [storage](/usc/42/6903.md?p=33), monitoring, or response.
  - (3) **Equipment—** The [Secretary](/usc/42/242q–4.md?p=2) shall ensure that each designated [facility](/usc/42/11049.md?p=4) has all equipment necessary for routine operations, emergencies, monitoring, checking [inventory](/usc/42/4370m.md?p=14), loading, and storing elemental mercury at the [facility](/usc/42/11049.md?p=4).
  - (4) **Fire detection and suppression systems—** The [Secretary](/usc/42/242q–4.md?p=2) shall—
    - (A) ensure the installation of fire detection systems at each designated [facility](/usc/42/11049.md?p=4), including smoke detectors and heat detectors; and
    - (B) ensure the installation of a permanent fire suppression system, unless the [Secretary](/usc/42/242q–4.md?p=2) determines that a permanent fire suppression system is not necessary to protect human health and the environment.
- (e) **Indemnification of persons delivering elemental mercury—**
  - (1) **In general—**
    - (A) Except as provided in [subparagraph (B)](#e-1-B) and subject to [paragraph (2)](#e-2), the [Secretary](/usc/42/242q–4.md?p=2) shall hold harmless, defend, and indemnify in full any [person](/usc/42/6903.md?p=15) who delivers elemental mercury to a designated [facility](/usc/42/11049.md?p=4) under the [program](/usc/42/274l–1.md?p=4) established under [subsection (a)](#a) from and against any suit, [claim](/usc/42/1320a–7a.md?p=i-2), demand or action, liability, judgment, cost, or other fee arising out of any [claim](/usc/42/1320a–7a.md?p=i-2) for personal injury or property damage (including death, illness, or loss of or damage to property or economic loss) that results from, or is in any manner predicated upon, the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of elemental mercury as a result of acts or omissions occurring after such mercury is delivered to a designated [facility](/usc/42/11049.md?p=4) described in [subsection (a)](#a).
    - (B) To the extent that a [person](/usc/42/6903.md?p=15) described in [subparagraph (A)](#e-1-A) contributed to any such [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22), [subparagraph (A)](#e-1-A) shall not apply.
  - (2) **Conditions—** No indemnification may be afforded under this subsection unless the [person](/usc/42/6903.md?p=15) seeking indemnification—
    - (A) notifies the [Secretary](/usc/42/242q–4.md?p=2) in writing within 30 days after receiving written notice of the [claim](/usc/42/1320a–7a.md?p=i-2) for which indemnification is sought;
    - (B) furnishes to the [Secretary](/usc/42/242q–4.md?p=2) copies of pertinent papers the [person](/usc/42/6903.md?p=15) receives;
    - (C) furnishes evidence or proof of any [claim](/usc/42/1320a–7a.md?p=i-2), loss, or damage covered by this subsection; and
    - (D) provides, upon request by the [Secretary](/usc/42/242q–4.md?p=2), access to the records and personnel of the [person](/usc/42/6903.md?p=15) for purposes of defending or settling the [claim](/usc/42/1320a–7a.md?p=i-2) or action.
  - (3) **Authority of Secretary—**
    - (A) In any case in which the [Secretary](/usc/42/242q–4.md?p=2) determines that the Department of [Energy](/usc/42/6311.md?p=7) may be required to make indemnification payments to a [person](/usc/42/6903.md?p=15) under this subsection for any suit, [claim](/usc/42/1320a–7a.md?p=i-2), demand or action, liability, judgment, cost, or other fee arising out of any [claim](/usc/42/1320a–7a.md?p=i-2) for personal injury or property damage referred to in [paragraph (1)(A)](#e-1-A), the [Secretary](/usc/42/242q–4.md?p=2) may settle or defend, on behalf of that [person](/usc/42/6903.md?p=15), the [claim](/usc/42/1320a–7a.md?p=i-2) for personal injury or property damage.
    - (B) In any case described in [subparagraph (A)](#e-3-A), if the [person](/usc/42/6903.md?p=15) to whom the Department of [Energy](/usc/42/6311.md?p=7) may be required to make indemnification payments does not allow the [Secretary](/usc/42/242q–4.md?p=2) to settle or defend the [claim](/usc/42/1320a–7a.md?p=i-2), the [person](/usc/42/6903.md?p=15) may not be afforded indemnification with respect to that [claim](/usc/42/1320a–7a.md?p=i-2) under this subsection.
- (f) **Terms, conditions, and procedures—** The [Secretary](/usc/42/242q–4.md?p=2) is authorized to establish such terms, conditions, and procedures as are necessary to carry out this section.
- (g) **Effect on other law—**
  - (1) **In general—** Except as provided in [paragraph (2)](#g-2), nothing in this section changes or affects any Federal, [State](/usc/42/6903.md?p=31), or local law or the obligation of any [person](/usc/42/6903.md?p=15) to comply with such law.
  - (2) **Exception—**
    - (A) Elemental mercury that the [Secretary](/usc/42/242q–4.md?p=2) is storing on a long-term basis shall not be subject to the [storage](/usc/42/6903.md?p=33) prohibition of section 3004(j) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act ([42 U.S.C. 6924(j)](/usc/42/6924.md?p=j)). For the purposes of section 3004(j) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act, a generator accumulating elemental mercury destined for a [facility](/usc/42/11049.md?p=4) designated by the [Secretary](/usc/42/242q–4.md?p=2) under [subsection (a)](#a) for 90 days or less shall be deemed to be accumulating the mercury to facilitate proper [treatment](/usc/42/6903.md?p=34), recovery, or [disposal](/usc/42/6903.md?p=3).
    - (B) Elemental mercury may be stored at a [facility](/usc/42/11049.md?p=4) with respect to which any permit has been issued under section 3005(c) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act ([42 U.S.C. 6925(c)](/usc/42/6925.md?p=c)), and shall not be subject to the [storage](/usc/42/6903.md?p=33) prohibition of section 3004(j) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act ([42 U.S.C. 6924(j)](/usc/42/6924.md?p=j)) if—
      - (i) the [Secretary](/usc/42/242q–4.md?p=2) is unable to accept the mercury at a [facility](/usc/42/11049.md?p=4) designated by the [Secretary](/usc/42/242q–4.md?p=2) under [subsection (a)](#a) for reasons beyond the control of the [owner or operator](/usc/42/9601.md?p=20-B) of the permitted [facility](/usc/42/11049.md?p=4);
      - (ii) the [owner or operator](/usc/42/9601.md?p=20-B) of the permitted [facility](/usc/42/11049.md?p=4) certifies in writing to the [Secretary](/usc/42/242q–4.md?p=2) that it will ship the mercury to the designated [facility](/usc/42/11049.md?p=4) when the [Secretary](/usc/42/242q–4.md?p=2) is able to accept the mercury; and
      - (iii) the [owner or operator](/usc/42/9601.md?p=20-B) of the permitted [facility](/usc/42/11049.md?p=4) certifies in writing to the [Secretary](/usc/42/242q–4.md?p=2) that it will not sell, or otherwise place into [commerce](/usc/42/6311.md?p=7), the mercury.
    - (C) [Subparagraph (B)](#g-2-B) shall not apply to mercury with respect to which the [owner or operator](/usc/42/9601.md?p=20-B) of the permitted [facility](/usc/42/11049.md?p=4) fails to comply with a certification provided under clause [(ii)](#g-2-B-ii) or [(iii)](#g-2-B-iii) of that subparagraph.
    - (D) A generator producing elemental mercury incidentally from the beneficiation or processing of ore or related pollution control activities may accumulate the mercury produced onsite that is destined for a [facility](/usc/42/11049.md?p=4) designated by the [Secretary](/usc/42/242q–4.md?p=2) under [subsection (a)](#a) for more than 90 days without a permit issued under section 3005(c) of the [Solid Waste](/usc/42/6903.md?p=27) Disposal Act ([42 U.S.C. 6925(c)](/usc/42/6925.md?p=c)), and shall not be subject to the [storage](/usc/42/6903.md?p=33) prohibition of section 3004(j) of that Act ([42 U.S.C. 6924(j)](/usc/42/6924.md?p=j)), if—
      - (i) the [Secretary](/usc/42/242q–4.md?p=2) is unable to accept the mercury at a [facility](/usc/42/11049.md?p=4) designated by the [Secretary](/usc/42/242q–4.md?p=2) under [subsection (a)](#a) for reasons beyond the control of the generator;
      - (ii) the generator certifies in writing to the [Secretary](/usc/42/242q–4.md?p=2) that the generator will ship the mercury to a designated [facility](/usc/42/11049.md?p=4) when the [Secretary](/usc/42/242q–4.md?p=2) is able to accept the mercury;
      - (iii) the generator certifies in writing to the [Secretary](/usc/42/242q–4.md?p=2) that the generator is storing only mercury the generator has produced or recovered onsite and will not sell, or otherwise place into [commerce](/usc/42/6311.md?p=7), the mercury; and
      - (iv) the generator has obtained an identification number under [section 262.12 of title 40, Code of Federal Regulations](/cfr/40/262.12.md), and complies with the requirements described in [paragraphs (1) through (4)](/usc/42/262.34.md?p=a-1..a-4) of section 262.34(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph).
    - (E) **Management standards for temporary storage.—** Not later than January 1, 2017, the [Secretary](/usc/42/242q–4.md?p=2), after consultation with the [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection Agency and [State agencies](/usc/42/1396r–8.md?p=k-9) in affected [States](/usc/42/6903.md?p=31), shall develop and make available guidance that establishes procedures and [standards](/usc/42/1320d.md?p=7) for the management and short-term [storage](/usc/42/6903.md?p=33) of elemental mercury at a generator covered under [subparagraph (D)](#g-2-D), including requirements to ensure appropriate use of flasks or other suitable containers. Such procedures and [standards](/usc/42/1320d.md?p=7) shall be protective of health and the environment and shall ensure that the elemental mercury is stored in a safe, secure, and effective manner. A generator may accumulate mercury in accordance with [subparagraph (D)](#g-2-D) immediately upon enactment of this subparagraph, and notwithstanding that guidance called for by this paragraph has not been developed or made available.
- (h) **Study—** Not later than July 1, 2014, the [Secretary](/usc/42/242q–4.md?p=2) shall transmit to the Congress the results of a study, conducted in consultation with the [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection Agency, that—
  - (1) determines the impact of the long-term [storage](/usc/42/6903.md?p=33) [program](/usc/42/274l–1.md?p=4) under this section on mercury recycling; and
  - (2) includes proposals, if necessary, to mitigate any negative impact identified under [paragraph (1)](#h-1).

# §6939g. Hazardous waste electronic manifest system

- (a) **Definitions—** In this section:
  - (1) **Board—** The term “Board” means the [Hazardous Waste](/usc/42/6903.md?p=5) Electronic [Manifest](/usc/42/6903.md?p=12) [System](#a-4) Advisory Board established under [subsection (f)](#f).
  - (2) **Fund—** The term “Fund” means the [Hazardous Waste](/usc/42/6903.md?p=5) Electronic [Manifest](/usc/42/6903.md?p=12) [System](#a-4) Fund established by [subsection (d)](#d).
  - (3) **Person—** The term “person” includes an individual, [corporation](/usc/42/2296b–7.md?p=1) (including a Government [corporation](/usc/42/2296b–7.md?p=1)), company, association, firm, partnership, society, joint stock company, [trust](/usc/42/12854.md?p=6), [municipality](/usc/42/6903.md?p=13), [commission](/usc/42/2000ff.md?p=1), [Federal agency](/usc/42/6903.md?p=4), [State](/usc/42/6903.md?p=31), political subdivision of a [State](/usc/42/6903.md?p=31), or interstate body.
  - (4) **System—** The term “system” means the [hazardous waste](/usc/42/6903.md?p=5) electronic [manifest](/usc/42/6903.md?p=12) system established under [subsection (b)](#b).
  - (5) **User—** The term “user” means a [hazardous waste](/usc/42/6903.md?p=5) generator, a [hazardous waste](/usc/42/6903.md?p=5) transporter, an [owner or operator](/usc/42/9601.md?p=20-B) of a [hazardous waste](/usc/42/6903.md?p=5) [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), recycling, or [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4), or any other [person](#a-3) that—
    - (A) is required to use a [manifest](/usc/42/6903.md?p=12) to comply with any Federal or [State](/usc/42/6903.md?p=31) requirement to track the shipment, transportation, and receipt of [hazardous waste](/usc/42/6903.md?p=5) or other material that is shipped from the site of generation to an off-site [facility](/usc/42/11049.md?p=4) for [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), [disposal](/usc/42/6903.md?p=3), or recycling; and
    - (B)
      - (i) elects to use the [system](#a-4) to complete and transmit an electronic [manifest](/usc/42/6903.md?p=12) format; or
      - (ii) submits to the [system](#a-4) for data processing purposes a paper copy of the [manifest](/usc/42/6903.md?p=12) (or data from such a paper copy), in accordance with such regulations as the [Administrator](/usc/42/6903.md?p=1) may promulgate to require such a submission.
- (b) **Establishment—** Not later than 3 years after October 5, 2012, the [Administrator](/usc/42/6903.md?p=1) shall establish a [hazardous waste](/usc/42/6903.md?p=5) electronic [manifest](/usc/42/6903.md?p=12) [system](#a-4) that may be used by any user.
- (c) **User fees—**
  - (1) **In general—** In accordance with [paragraph (4)](#c-4), the [Administrator](/usc/42/6903.md?p=1) may impose on users such reasonable service fees as the [Administrator](/usc/42/6903.md?p=1) determines to be necessary to pay costs incurred in developing, operating, maintaining, and upgrading the [system](#a-4), including any costs incurred in collecting and processing data from any paper [manifest](/usc/42/6903.md?p=12) submitted to the [system](#a-4) after the date on which the [system](#a-4) enters operation.
  - (2) **Collection of fees—** The [Administrator](/usc/42/6903.md?p=1) shall—
    - (A) collect the fees described in [paragraph (1)](#c-1) from the users in advance of, or as reimbursement for, the provision by the [Administrator](/usc/42/6903.md?p=1) of [system](#a-4)-related services; and
    - (B) deposit the fees in the [Fund](#a-2).
  - (3) **Fee structure—**
    - (A) **In general—** The [Administrator](/usc/42/6903.md?p=1), in consultation with information technology vendors, shall determine through the contract award process described in [subsection (e)](#e) the fee structure that is necessary to recover the full cost to the [Administrator](/usc/42/6903.md?p=1) of providing [system](#a-4)-related services, including—
      - (i) contractor costs relating to—
        - (I) materials and supplies;
        - (II) contracting and consulting;
        - (III) overhead;
        - (IV) information technology (including costs of hardware, software, and related services);
        - (V) information management;
        - (VI) collection of service fees;
        - (VII) reporting and accounting; and
        - (VIII) [project](/usc/42/11360.md?p=20) management; and
      - (ii) costs of employment of direct and indirect Government personnel dedicated to establishing, managing, and maintaining the [system](#a-4).
    - (B) **Adjustments in fee amount—**
      - (i) **In general—** The [Administrator](/usc/42/6903.md?p=1), in consultation with the [Board](#a-1), shall increase or decrease the amount of a service fee determined under the fee structure described in [subparagraph (A)](#c-3-A) to a level that will—
        - (I) result in the collection of an aggregate amount for deposit in the [Fund](#a-2) that is sufficient and not more than reasonably necessary to cover current and projected [system](#a-4)-related costs (including any necessary [system](#a-4) upgrades); and
        - (II) minimize, to the maximum extent practicable, the accumulation of unused amounts in the [Fund](#a-2).
      - (ii) **Exception for initial period of operation—** The requirement described in [clause (i)(II)](#c-3-B-i-II) shall not apply to any additional fees that accumulate in the [Fund](#a-2), in an amount that does not exceed $2,000,000, during the 3-year period beginning on the date on which the [system](#a-4) enters operation.
      - (iii) **Timing of adjustments—** Adjustments to service fees described in [clause (i)](#c-3-B-i) shall be made—
        - (I) initially, at the time at which initial [development costs](/usc/42/1486.md?p=g-3) of the [system](#a-4) have been recovered by the [Administrator](/usc/42/6903.md?p=1) such that the service fee may be reduced to reflect the elimination of the [system](#a-4) development component of the fee; and
        - (II) periodically thereafter, upon receipt and acceptance of the findings of any annual accounting or auditing report under [subsection (d)(3)](#d-3), if the report discloses a significant disparity for a fiscal year between the [funds](#a-2) collected from service fees under this subsection for the fiscal year and expenditures made for the fiscal year to provide [system](#a-4)-related services.
  - (4) **Crediting and availability of fees—** Fees authorized under this section shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts.
- (d) **Hazardous Waste Electronic Manifest System Fund—**
  - (1) **Establishment—** There is established in the Treasury of the [United States](/usc/42/403.md?p=k) a revolving [fund](#a-2), to be known as the “[Hazardous Waste](/usc/42/6903.md?p=5) Electronic [Manifest](/usc/42/6903.md?p=12) [System](#a-4) [Fund](#a-2)”, consisting of such amounts as are deposited in the [Fund](#a-2) under [subsection (c)(2)(B)](#c-2-B).
  - (2) **Expenditures from Fund—**
    - (A) **In general—** Only to the extent provided in advance in appropriations Acts, on request by the [Administrator](/usc/42/6903.md?p=1), the [Secretary](/usc/42/242q–4.md?p=2) of the Treasury shall transfer from the [Fund](#a-2) to the [Administrator](/usc/42/6903.md?p=1) amounts appropriated to pay costs incurred in developing, operating, maintaining, and upgrading the [system](#a-4) under [subsection (c)](#c).
    - (B) **Use of funds by Administrator—** Fees collected by the [Administrator](/usc/42/6903.md?p=1) and deposited in the [Fund](#a-2) under this section shall be available to the [Administrator](/usc/42/6903.md?p=1) subject to appropriations Acts for use in accordance with this section without fiscal year limitation.
    - (C) **Oversight of funds—** The [Administrator](/usc/42/6903.md?p=1) shall carry out all necessary measures to ensure that amounts in the [Fund](#a-2) are used only to carry out the goals of establishing, operating, maintaining, upgrading, managing, supporting, and overseeing the [system](#a-4).
  - (3) **Accounting and auditing—**
    - (A) **Accounting—** For each 2-fiscal-year period, the [Administrator](/usc/42/6903.md?p=1) shall prepare and submit to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) and the Committee on Appropriations of the House of [Representatives](/usc/42/3058f.md?p=5) a report that includes—
      - (i) an accounting of the fees paid to the [Administrator](/usc/42/6903.md?p=1) under [subsection (c)](#c) and disbursed from the [Fund](#a-2) for the period covered by the report, as reflected by financial statements provided in accordance with—
        - (I) the Chief Financial Officers Act of 1990 (Public Law 101–576; 104 Stat. 2838) and amendments made by that Act; and
        - (II) the Government Management Reform Act of 1994 (Public Law 103–356; 108 Stat. 3410) and amendments made by that Act; and
      - (ii) an accounting describing actual expenditures from the [Fund](#a-2) for the period covered by the report for costs described in [subsection (c)(1)](#c-1).
    - (B) **Auditing—**
      - (i) **In general—** For the purpose of [section 3515(c) of title 31](/usc/31/3515.md?p=c), the [Fund](#a-2) shall be considered a component of an Executive agency.
      - (ii) **Components of audit—** The annual audit required in accordance with sections [3515(b)](/usc/31/3515.md?p=b) and [3521](/usc/31/3521.md) of title 31 of the financial statements of activities carried out using amounts from the [Fund](#a-2) shall include an analysis of—
        - (I) the fees collected and disbursed under this section;
        - (II) the reasonableness of the fee structure in place as of the date of the audit to meet current and projected costs of the [system](#a-4);
        - (III) the level of use of the [system](#a-4) by users; and
        - (IV) the success to date of the [system](#a-4) in operating on a self-sustaining basis and improving the efficiency of tracking waste shipments and transmitting waste shipment data.
      - (iii) **Federal responsibility—** The Inspector General of the Environmental Protection Agency shall—
        - (I) conduct the annual audit described in [clause (ii)](#d-3-B-ii); and
        - (II) submit to the [Administrator](/usc/42/6903.md?p=1) a report that describes the findings and recommendations of the Inspector General resulting from the audit.
- (e) **Contracts—**
  - (1) **Authority to enter into contracts funded by service fees—** After consultation with the [Secretary](/usc/42/242q–4.md?p=2) of Transportation, the [Administrator](/usc/42/6903.md?p=1) may enter into 1 or more information technology contracts with entities determined to be appropriate by the [Administrator](/usc/42/6903.md?p=1) (referred to in this subsection as “contractors”) for the provision of [system](#a-4)-related services.
  - (2) **Term of contract—** A contract awarded under this subsection shall have a term of not more than 10 years.
  - (3) **Achievement of goals—** The [Administrator](/usc/42/6903.md?p=1) shall ensure, to the maximum extent practicable, that a contract awarded under this subsection—
    - (A) is performance-based;
    - (B) identifies objective outcomes; and
    - (C) contains performance [standards](/usc/42/1320d.md?p=7) that may be used to measure achievement and goals to evaluate the success of a contractor in performing under the contract and the right of the contractor to payment for services under the contract, taking into consideration that a primary measure of successful performance shall be the development of a [hazardous waste](/usc/42/6903.md?p=5) electronic [manifest](/usc/42/6903.md?p=12) [system](#a-4) that—
      - (i) meets the needs of the user community (including [States](/usc/42/6903.md?p=31) that rely on data contained in [manifests](/usc/42/6903.md?p=12));
      - (ii) attracts sufficient user participation and service fee revenues to ensure the viability of the [system](#a-4);
      - (iii) decreases the administrative burden on the user community; and
      - (iv) provides the waste receipt data applicable to the biennial reports required by [section 6922(a)(6) of this title](/usc/42/6922.md?p=a-6).
  - (4) **Payment structure—** Each contract awarded under this subsection shall include a provision that specifies—
    - (A) the service fee structure of the contractor that will form the basis for payments to the contractor; and
    - (B) the fixed-share ratio of monthly service fee revenues from which the [Administrator](/usc/42/6903.md?p=1) shall reimburse the contractor for [system](#a-4)-related development, operation, and maintenance costs.
  - (5) **Cancellation and termination—**
    - (A) **In general—** If the [Administrator](/usc/42/6903.md?p=1) determines that sufficient [funds](#a-2) are not made available for the continuation in a subsequent fiscal year of a contract entered into under this subsection, the [Administrator](/usc/42/6903.md?p=1) may cancel or terminate the contract.
    - (B) **Negotiation of amounts—** The amount payable in the event of cancellation or termination of a contract entered into under this subsection shall be negotiated with the contractor at the time at which the contract is awarded.
  - (6) **No effect on ownership—** Regardless of whether the [Administrator](/usc/42/6903.md?p=1) enters into a contract under this subsection, the [system](#a-4) shall be owned by the Federal Government.
- (f) **Hazardous Waste Electronic Manifest System Advisory Board—**
  - (1) **Establishment—** Not later than 3 years after October 5, 2012, the [Administrator](/usc/42/6903.md?p=1) shall establish a [board](#a-1) to be known as the “[Hazardous Waste](/usc/42/6903.md?p=5) Electronic [Manifest](/usc/42/6903.md?p=12) [System](#a-4) Advisory [Board](#a-1)”.
  - (2) **Composition—** The [Board](#a-1) shall be composed of 9 members, of which—
    - (A) 1 member shall be the [Administrator](/usc/42/6903.md?p=1) (or a designee), who shall serve as Chairperson of the [Board](#a-1); and
    - (B) 8 members shall be individuals appointed by the [Administrator](/usc/42/6903.md?p=1)—
      - (i) at least 2 of whom shall have expertise in information technology;
      - (ii) at least 3 of whom shall have experience in using or represent users of the [manifest](/usc/42/6903.md?p=12) [system](#a-4) to track the transportation of [hazardous waste](/usc/42/6903.md?p=5) under this subchapter (or an equivalent [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4)); and
      - (iii) at least 3 of whom shall be a [State](/usc/42/6903.md?p=31) [representative](/usc/42/3058f.md?p=5) responsible for processing those [manifests](/usc/42/6903.md?p=12).
  - (3) **Duties—** The [Board](#a-1) shall meet annually to discuss, evaluate the effectiveness of, and provide recommendations to the [Administrator](/usc/42/6903.md?p=1) relating to, the [system](#a-4).
- (g) **Regulations—**
  - (1) **Promulgation—**
    - (A) **In general—** Not later than 1 year after October 5, 2012, after consultation with the [Secretary](/usc/42/242q–4.md?p=2) of Transportation, the [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations to carry out this section.
    - (B) **Inclusions—** The regulations promulgated pursuant to [subparagraph (A)](#g-1-A) may include such requirements as the [Administrator](/usc/42/6903.md?p=1) determines to be necessary to facilitate the transition from the use of paper [manifests](/usc/42/6903.md?p=12) to the use of electronic [manifests](/usc/42/6903.md?p=12), or to accommodate the processing of data from paper [manifests](/usc/42/6903.md?p=12) in the electronic [manifest](/usc/42/6903.md?p=12) [system](#a-4), including a requirement that users of paper [manifests](/usc/42/6903.md?p=12) submit to the [system](#a-4) copies of the paper [manifests](/usc/42/6903.md?p=12) for data processing purposes.
    - (C) **Requirements—** The regulations promulgated pursuant to [subparagraph (A)](#g-1-A) shall ensure that each electronic [manifest](/usc/42/6903.md?p=12) provides, to the same extent as paper [manifests](/usc/42/6903.md?p=12) under applicable Federal and [State](/usc/42/6903.md?p=31) law, for—
      - (i) the ability to track and maintain legal accountability of—
        - (I) the [person](#a-3) that certifies that the information provided in the [manifest](/usc/42/6903.md?p=12) is accurately described; and
        - (II) the [person](#a-3) that acknowledges receipt of the [manifest](/usc/42/6903.md?p=12);
      - (ii) if the [manifest](/usc/42/6903.md?p=12) is electronically submitted, [State authority](/usc/42/6903.md?p=32) to access paper printout copies of the [manifest](/usc/42/6903.md?p=12) from the [system](#a-4); and
      - (iii) access to all publicly available information contained in the [manifest](/usc/42/6903.md?p=12).
  - (2) **Effective date of regulations—** Any regulation promulgated by the [Administrator](/usc/42/6903.md?p=1) under [paragraph (1)](#g-1) and in accordance with [section 6923 of this title](/usc/42/6923.md) relating to electronic manifesting of [hazardous waste](/usc/42/6903.md?p=5) shall take effect in each [State](/usc/42/6903.md?p=31) as of the effective date specified in the regulation.
  - (3) **Administration—** The [Administrator](/usc/42/6903.md?p=1) shall carry out regulations promulgated under this subsection in each [State](/usc/42/6903.md?p=31) unless the [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4) is fully authorized to carry out such regulations in lieu of the [Administrator](/usc/42/6903.md?p=1).
- (h) **Requirement of compliance with respect to certain States—** In any case in which the [State](/usc/42/6903.md?p=31) in which waste is generated, or the [State](/usc/42/6903.md?p=31) in which waste will be transported to a designated [facility](/usc/42/11049.md?p=4), requires that the waste be tracked through a [hazardous waste](/usc/42/6903.md?p=5) [manifest](/usc/42/6903.md?p=12), the designated [facility](/usc/42/11049.md?p=4) that receives the waste shall, regardless of the [State](/usc/42/6903.md?p=31) in which the [facility](/usc/42/11049.md?p=4) is located—
  - (1) complete the [facility](/usc/42/11049.md?p=4) portion of the applicable [manifest](/usc/42/6903.md?p=12);
  - (2) sign and date the [facility](/usc/42/11049.md?p=4) certification; and
  - (3) submit to the [system](#a-4) a final copy of the [manifest](/usc/42/6903.md?p=12) for data processing purposes.
- (i) **Authorization for start-up activities—** There are authorized to be appropriated $2,000,000 for each of fiscal years 2013 through 2015 for start-up activities to carry out this section, to be offset by collection of user fees under [subsection (c)](#c) such that all such appropriated [funds](#a-2) are offset by fees as provided in [subsection (c)](#c).

# §6941. Objectives of subchapter


The objectives of this subchapter are to assist in developing and encouraging methods for the [disposal](/usc/42/6903.md?p=3) of [solid waste](/usc/42/6903.md?p=27) which are environmentally sound and which maximize the utilization of valuable resources including [energy](/usc/42/6311.md?p=7) and materials which are [recoverable](/usc/42/6903.md?p=18) from [solid waste](/usc/42/6903.md?p=27) and to encourage [resource conservation](/usc/42/6903.md?p=21). Such objectives are to be accomplished through Federal technical and financial assistance to [States](/usc/42/6903.md?p=31) or [regional authorities](/usc/42/6903.md?p=25) for [comprehensive planning](/usc/42/6903.md?p=30) pursuant to Federal guidelines designed to foster cooperation among Federal, [State](/usc/42/6903.md?p=31), and [local governments](/usc/42/8401a.md) and private industry. In developing such comprehensive plans, it is the intention of this chapter that in determining the size of the waste-to-[energy](/usc/42/6311.md?p=7) [facility](/usc/42/11049.md?p=4), adequate provision shall be given to the present and reasonably anticipated future needs, including those needs created by thorough [implementation](/usc/42/6903.md?p=8) of [section 6962(h) of this title](/usc/42/6962.md?p=h), of the recycling and [resource recovery](/usc/42/6903.md?p=22) interest within the area encompassed by the planning process.


# §6941a. Energy and materials conservation and recovery; Congressional findings


The Congress finds that—

- (1) significant savings could be realized by conserving materials in order to reduce the volume or quantity of material which ultimately becomes waste;
- (2) [solid waste](/usc/42/6903.md?p=27) contains valuable [energy](/usc/42/6311.md?p=7) and material resources which can be recovered and used thereby conserving increasingly scarce and expensive fossil fuels and [virgin materials](/usc/42/6903.md?p=35);
- (3) the recovery of [energy](/usc/42/6311.md?p=7) and materials from municipal waste, and the conservation of [energy](/usc/42/6311.md?p=7) and materials contributing to such waste streams, can have the effect of reducing the volume of the municipal waste stream and the burden of disposing of increasing volumes of [solid waste](/usc/42/6903.md?p=27);
- (4) the technology to conserve resources exists and is commercially feasible to apply;
- (5) the technology to recover [energy](/usc/42/6311.md?p=7) and materials from [solid waste](/usc/42/6903.md?p=27) is of demonstrated commercial feasibility; and
- (6) various communities throughout the nation have different needs and different potentials for conserving resources and for utilizing techniques for the recovery of [energy](/usc/42/6311.md?p=7) and materials from waste, and Federal assistance in planning and implementing such [energy](/usc/42/6311.md?p=7) and materials conservation and recovery [programs](/usc/42/274l–1.md?p=4) should be available to all such communities on an equitable basis in relation to their needs and potential.

# §6942. Federal guidelines for plans

- (a) **Guidelines for identification of regions—** For purposes of encouraging and facilitating the development of regional planning for [solid waste management](/usc/42/6903.md?p=28), the [Administrator](/usc/42/6903.md?p=1), within one hundred and eighty days after October 21, 1976, and after consultation with appropriate Federal, [State](/usc/42/6903.md?p=31), and local authorities, shall by regulation publish guidelines for the identification of those areas which have common [solid waste management](/usc/42/6903.md?p=28) problems and are appropriate [units](/usc/42/1395w–114b.md?p=g-2) for planning regional [solid waste management](/usc/42/6903.md?p=28) services. Such guidelines shall consider—
  - (1) the size and location of areas which should be included,
  - (2) the volume of [solid waste](/usc/42/6903.md?p=27) which should be included, and
  - (3) the available means of coordinating regional planning with other related regional planning and for coordination of such regional planning into the [State](/usc/42/6903.md?p=31) plan.
- (b) **Guidelines for State plans—** Not later than eighteen months after October 21, 1976, and after notice and hearing, the [Administrator](/usc/42/6903.md?p=1) shall, after consultation with appropriate Federal, [State](/usc/42/6903.md?p=31), and local authorities, promulgate regulations containing guidelines to assist in the development and [implementation](/usc/42/6903.md?p=8) of [State](/usc/42/6903.md?p=31) [solid waste management](/usc/42/6903.md?p=28) plans (hereinafter in this chapter referred to as “[State](/usc/42/6903.md?p=31) plans”). The guidelines shall contain methods for achieving the objectives specified in [section 6941 of this title](/usc/42/6941.md). Such guidelines shall be reviewed from time to time, but not less frequently than every three years, and revised as may be appropriate.
- (c) **Considerations for State plan guidelines—** The guidelines promulgated under [subsection (b)](#b) shall consider—
  - (1) the varying regional, geologic, hydrologic, climatic, and other circumstances under which different [solid waste](/usc/42/6903.md?p=27) [practices](/usc/42/17061.md?p=19) are required in order to insure the reasonable protection of the quality of the ground and surface waters from leachate contamination, the reasonable protection of the quality of the surface waters from surface runoff contamination, and the reasonable protection of ambient air quality;
  - (2) characteristics and conditions of collection, [storage](/usc/42/6903.md?p=33), processing, and [disposal](/usc/42/6903.md?p=3) operating methods, techniques and [practices](/usc/42/17061.md?p=19), and location of [facilities](/usc/42/11049.md?p=4) where such operating methods, techniques, and [practices](/usc/42/17061.md?p=19) are conducted, taking into account the nature of the material to be disposed;
  - (3) methods for closing or upgrading [open dumps](/usc/42/6903.md?p=14) for purposes of eliminating potential health [hazards](/usc/42/5165f.md?p=a-3);
  - (4) population density, distribution, and projected growth;
  - (5) geographic, geologic, climatic, and hydrologic characteristics;
  - (6) the type and location of transportation;
  - (7) the profile of industries;
  - (8) the constituents and generation rates of waste;
  - (9) the political, economic, organizational, financial, and management problems affecting comprehensive [solid waste management](/usc/42/6903.md?p=28);
  - (10) types of [resource recovery facilities](/usc/42/6903.md?p=24) and [resource conservation](/usc/42/6903.md?p=21) systems which are appropriate; and
  - (11) available new and additional markets for [recovered material](/usc/42/6903.md?p=19) and [energy](/usc/42/6311.md?p=7) and [energy](/usc/42/6311.md?p=7) resources recovered from [solid waste](/usc/42/6903.md?p=27) as well as methods for conserving such materials and [energy](/usc/42/6311.md?p=7).

# §6943. Requirements for approval of plans

- (a) **Minimum requirements—** In order to be approved under [section 6947 of this title](/usc/42/6947.md), each [State](/usc/42/6903.md?p=31) plan must comply with the following minimum requirements—
  - (1) The plan shall identify (in accordance with [section 6946(b) of this title](/usc/42/6946.md?p=b)) (A) the responsibilities of [State](/usc/42/6903.md?p=31), local, and [regional authorities](/usc/42/6903.md?p=25) in the [implementation](/usc/42/6903.md?p=8) of the [State](/usc/42/6903.md?p=31) plan, (B) the distribution of Federal [funds](/usc/42/12854.md?p=3) to the authorities responsible for development and [implementation](/usc/42/6903.md?p=8) of the [State](/usc/42/6903.md?p=31) plan, and (C) the means for coordinating regional planning and [implementation](/usc/42/6903.md?p=8) under the [State](/usc/42/6903.md?p=31) plan.
  - (2) The plan shall, in accordance with sections [6944(b)](/usc/42/6944.md?p=b) and [6945(a)](/usc/42/6945.md?p=a) of this title, prohibit the establishment of new [open dumps](/usc/42/6903.md?p=14) within the [State](/usc/42/6903.md?p=31), and contain requirements that all [solid waste](/usc/42/6903.md?p=27) (including [solid waste](/usc/42/6903.md?p=27) originating in other [States](/usc/42/6903.md?p=31), but not including [hazardous waste](/usc/42/6903.md?p=5)) shall be (A) utilized for [resource recovery](/usc/42/6903.md?p=22) or (B) disposed of in [sanitary landfills](/usc/42/6903.md?p=26) (within the meaning of [section 6944(a) of this title](/usc/42/6944.md?p=a)) or otherwise disposed of in an environmentally sound manner.
  - (3) The plan shall provide for the closing or upgrading of all existing [open dumps](/usc/42/6903.md?p=14) within the [State](/usc/42/6903.md?p=31) pursuant to the requirements of [section 6945 of this title](/usc/42/6945.md).
  - (4) The plan shall provide for the establishment of such [State](/usc/42/6903.md?p=31) regulatory powers as may be necessary to implement the plan.
  - (5) The plan shall provide that no [State](/usc/42/6903.md?p=31) or [local government](/usc/42/8401a.md) within the [State](/usc/42/6903.md?p=31) shall be prohibited under [State](/usc/42/6903.md?p=31) or local law from negotiating and entering into [long-term contracts](/usc/42/6903.md?p=11) for the supply of [solid waste](/usc/42/6903.md?p=27) to [resource recovery facilities](/usc/42/6903.md?p=24), from entering into [long-term contracts](/usc/42/6903.md?p=11) for the operation of such [facilities](/usc/42/11049.md?p=4), or from securing long-term markets for material and [energy](/usc/42/6311.md?p=7) recovered from such [facilities](/usc/42/11049.md?p=4) or for conserving materials or [energy](/usc/42/6311.md?p=7) by reducing the volume of waste.
  - (6) The plan shall provide for such [resource conservation](/usc/42/6903.md?p=21) or recovery and for the [disposal](/usc/42/6903.md?p=3) of [solid waste](/usc/42/6903.md?p=27) in [sanitary landfills](/usc/42/6903.md?p=26) or any combination of [practices](/usc/42/17061.md?p=19) so as may be necessary to use or dispose of such waste in a manner that is environmentally sound.
- (b) **Discretionary plan provisions relating to re­cycled oil—** Any [State](/usc/42/6903.md?p=31) plan submitted under this subchapter may include, at the option of the [State](/usc/42/6903.md?p=31), provisions to carry out each of the following:
  - (1) Encouragement, to the maximum extent feasible and consistent with the protection of the public health and the environment, of the use of [recycled oil](/usc/42/6903.md?p=37) in all appropriate areas of [State](/usc/42/6903.md?p=31) and [local government](/usc/42/8401a.md).
  - (2) Encouragement of [persons](/usc/42/6903.md?p=15) contracting with the [State](/usc/42/6903.md?p=31) to use [recycled oil](/usc/42/6903.md?p=37) to the maximum extent feasible, consistent with protection of the public health and the environment.
  - (3) Informing the public of the uses of re­cycled oil.
  - (4) Establishment and [implementation](/usc/42/6903.md?p=8) of a [program](/usc/42/274l–1.md?p=4) (including any necessary licensing of [persons](/usc/42/6903.md?p=15) and including the use, where appropriate, of [manifests](/usc/42/6903.md?p=12)) to assure that [used oil](/usc/42/6903.md?p=36) is collected, transported, treated, stored, reused, and disposed of, in a manner which does not present a [hazard](/usc/42/5165f.md?p=a-3) to the public health or the environment.

  Any plan submitted under this chapter before October 15, 1980, may be amended, at the option of the [State](/usc/42/6903.md?p=31), at any time after such date to include any provision referred to in this subsection.

- (c) **Energy and materials conservation and recovery feasibility planning and assistance—**
  - (1) A [State](/usc/42/6903.md?p=31) which has a plan approved under this subchapter or which has submitted a plan for such approval shall be eligible for assistance under [section 6948(a)(3) of this title](/usc/42/6948.md?p=a-3) if the [Administrator](/usc/42/6903.md?p=1) determines that under such plan the [State](/usc/42/6903.md?p=31) will—
    - (A) analyze and determine the economic and technical feasibility of [facilities](/usc/42/11049.md?p=4) and [programs](/usc/42/274l–1.md?p=4) to conserve resources which contribute to the waste stream or to recover [energy](/usc/42/6311.md?p=7) and materials from municipal waste;
    - (B) analyze the legal, institutional, and economic impediments to the development of systems and [facilities](/usc/42/11049.md?p=4) for conservation of [energy](/usc/42/6311.md?p=7) or materials which contribute to the waste stream or for the recovery of [energy](/usc/42/6311.md?p=7) and materials from municipal waste and make recommendations to appropriate governmental authorities for overcoming such impediments;
    - (C) assist [municipalities](/usc/42/6903.md?p=13) within the [State](/usc/42/6903.md?p=31) in developing plans, [programs](/usc/42/274l–1.md?p=4), and [projects](/usc/42/11360.md?p=20) to conserve resources or recover [energy](/usc/42/6311.md?p=7) and materials from municipal waste; and
    - (D) coordinate the [resource conservation](/usc/42/6903.md?p=21) and recovery planning under [subparagraph (C)](#c-1-C).
  - (2) The analysis referred to in [paragraph (1)(A)](#c-1-A) shall include—
    - (A) the evaluation of, and establishment of priorities among, market opportunities for industrial and commercial users of all types (including public utilities and industrial parks) to utilize [energy](/usc/42/6311.md?p=7) and materials recovered from municipal waste;
    - (B) comparisons of the relative costs of [energy](/usc/42/6311.md?p=7) recovered from municipal waste in relation to the costs of [energy](/usc/42/6311.md?p=7) derived from fossil fuels and other sources;
    - (C) studies of the transportation and [storage](/usc/42/6903.md?p=33) problems and other problems associated with the development of [energy](/usc/42/6311.md?p=7) and materials recovery technology, including curbside source separation;
    - (D) the evaluation and establishment of priorities among ways of conserving [energy](/usc/42/6311.md?p=7) or materials which contribute to the waste stream;
    - (E) comparison of the relative total costs between conserving resources and disposing of or recovering such waste; and
    - (F) studies of impediments to [resource conservation](/usc/42/6903.md?p=21) or recovery, including business [practices](/usc/42/17061.md?p=19), transportation requirements, or [storage](/usc/42/6903.md?p=33) difficulties.

    Such studies and analyses shall also include studies of other sources of [solid waste](/usc/42/6903.md?p=27) from which [energy](/usc/42/6311.md?p=7) and materials may be recovered or minimized.

- (d) **Size of waste-to-energy facilities—** Notwithstanding any of the above requirements, it is the intention of this chapter and the planning process developed pursuant to this chapter that in determining the size of the waste-to-[energy](/usc/42/6311.md?p=7) [facility](/usc/42/11049.md?p=4), adequate provision shall be given to the present and reasonably anticipated future needs of the recycling and [resource recovery](/usc/42/6903.md?p=22) interest within the area encompassed by the planning process.

# §6944. Criteria for sanitary landfills; sanitary landfills required for all disposal

- (a) **Criteria for sanitary landfills—** Not later than one year after October 21, 1976, after consultation with the [States](/usc/42/6903.md?p=31), and after notice and public hearings, the [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations containing criteria for determining which [facilities](/usc/42/11049.md?p=4) shall be classified as [sanitary landfills](/usc/42/6903.md?p=26) and which shall be classified as [open dumps](/usc/42/6903.md?p=14) within the meaning of this chapter. At a minimum, such criteria shall provide that a [facility](/usc/42/11049.md?p=4) may be classified as a [sanitary landfill](/usc/42/6903.md?p=26) and not an [open dump](/usc/42/6903.md?p=14) only if there is no reasonable probability of adverse effects on health or the environment from [disposal](/usc/42/6903.md?p=3) of [solid waste](/usc/42/6903.md?p=27) at such [facility](/usc/42/11049.md?p=4). Such regulations may provide for the classification of the types of [sanitary landfills](/usc/42/6903.md?p=26).
- (b) **Disposal required to be in sanitary landfills, etc.** For purposes of complying with [section 6943(2)](/usc/42/6943.md)[^1] of this title each [State](/usc/42/6903.md?p=31) plan shall prohibit the establishment of [open dumps](/usc/42/6903.md?p=14) and contain a requirement that [disposal](/usc/42/6903.md?p=3) of all [solid waste](/usc/42/6903.md?p=27) within the [State](/usc/42/6903.md?p=31) shall be in compliance with such [section 6943(2)](/usc/42/6943.md)[^1] of this title.
- (c) **Effective date—** The prohibition contained in [subsection (b)](#b) shall take effect on the date six months after the date of promulgation of regulations under [subsection (a)](#a).

# §6945. Upgrading of open dumps

- (a) **Closing or upgrading of existing open dumps—** Upon promulgation of criteria under [section 6907(a)(3) of this title](/usc/42/6907.md?p=a-3), any [solid waste management](/usc/42/6903.md?p=28) practice or [disposal](/usc/42/6903.md?p=3) of [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5) which constitutes the open dumping of [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5) is prohibited, except in the case of any practice or [disposal](/usc/42/6903.md?p=3) of [solid waste](/usc/42/6903.md?p=27) under a timetable or schedule for compliance established under this section. The prohibition contained in the preceding sentence shall be enforceable under [section 6972 of this title](/usc/42/6972.md) against [persons](/usc/42/6903.md?p=15) engaged in the act of open dumping. For purposes of complying with section [6943(a)(2)](/usc/42/6943.md?p=a-2) and [6943(a)(3)](/usc/42/6943.md?p=a-3) of this title, each [State](/usc/42/6903.md?p=31) plan shall contain a requirement that all existing [disposal](/usc/42/6903.md?p=3) [facilities](/usc/42/11049.md?p=4) or sites for [solid waste](/usc/42/6903.md?p=27) in such [State](/usc/42/6903.md?p=31) which are [open dumps](/usc/42/6903.md?p=14) listed in the [inventory](/usc/42/4370m.md?p=14) under [subsection (b)](#b) shall comply with such measures as may be promulgated by the [Administrator](/usc/42/6903.md?p=1) to eliminate health [hazards](/usc/42/5165f.md?p=a-3) and minimize potential health [hazards](/usc/42/5165f.md?p=a-3). Each such plan shall establish, for any entity which demonstrates that it has considered other public or private alternatives for [solid waste management](/usc/42/6903.md?p=28) to comply with the prohibition on open dumping and is unable to utilize such alternatives to so comply, a timetable or schedule for compliance for such practice or [disposal](/usc/42/6903.md?p=3) of [solid waste](/usc/42/6903.md?p=27) which specifies a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance with the prohibition on open dumping of [solid waste](/usc/42/6903.md?p=27) within a reasonable time (not to exceed 5 years from the date of publication of criteria under [section 6907(a)(3) of this title](/usc/42/6907.md?p=a-3)).
- (b) **Inventory—** To assist the [States](/usc/42/6903.md?p=31) in complying with [section 6943(a)(3) of this title](/usc/42/6943.md?p=a-3), not later than one year after promulgation of regulations under [section 6944 of this title](/usc/42/6944.md), the [Administrator](/usc/42/6903.md?p=1), with the cooperation of the Bureau of the Census shall publish an [inventory](/usc/42/4370m.md?p=14) of all [disposal](/usc/42/6903.md?p=3) [facilities](/usc/42/11049.md?p=4) or sites in the [United States](/usc/42/403.md?p=k) which are [open dumps](/usc/42/6903.md?p=14) within the meaning of this chapter.
- (c) **Control of hazardous disposal—**
  - (1)
    - (A) Not later than 36 months after November 8, 1984, each [State](/usc/42/6903.md?p=31) shall adopt and implement a permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions to assure that each [solid waste management facility](/usc/42/6903.md?p=29) within such [State](/usc/42/6903.md?p=31) which may receive hazardous household waste or [hazardous waste](/usc/42/6903.md?p=5) due to the provision of [section 6921(d) of this title](/usc/42/6921.md?p=d) for small quantity generators (otherwise not subject to the requirement for a permit under [section 6925 of this title](/usc/42/6925.md)) will comply with the applicable criteria promulgated under section [6944(a)](/usc/42/6944.md?p=a) and [6907(a)(3)](/usc/42/6907.md?p=a-3) of this title.
    - (B) Not later than eighteen months after the promulgation of revised criteria under subsection[^1] 6944(a) of this title (as required by [section 6949a(c) of this title](/usc/42/6949a.md?p=c)), each [State](/usc/42/6903.md?p=31) shall adopt and implement a permit [program](/usc/42/274l–1.md?p=4) or other system or[^2] prior approval and conditions, to assure that each [solid waste management facility](/usc/42/6903.md?p=29) within such [State](/usc/42/6903.md?p=31) which may receive hazardous household waste or [hazardous waste](/usc/42/6903.md?p=5) due to the provision of [section 6921(d) of this title](/usc/42/6921.md?p=d) for small quantity generators (otherwise not subject to the requirement for a permit under [section 6925 of this title](/usc/42/6925.md)) will comply with the criteria revised under [section 6944(a) of this title](/usc/42/6944.md?p=a).
    - (C) The [Administrator](/usc/42/6903.md?p=1) shall determine whether each [State](/usc/42/6903.md?p=31) has developed an adequate [program](/usc/42/274l–1.md?p=4) under this paragraph. The [Administrator](/usc/42/6903.md?p=1) may make such a determination in conjunction with approval, disapproval or partial approval of a [State](/usc/42/6903.md?p=31) plan under [section 6947 of this title](/usc/42/6947.md).
  - (2)
    - (A) In any [State](/usc/42/6903.md?p=31) that the [Administrator](/usc/42/6903.md?p=1) determines has not adopted an adequate [program](/usc/42/274l–1.md?p=4) for such [facilities](/usc/42/11049.md?p=4) under [paragraph (1)(B)](#c-1-B) by the date provided in such paragraph, the [Administrator](/usc/42/6903.md?p=1) may use the authorities available under sections [6927](/usc/42/6927.md) and [6928](/usc/42/6928.md) of this title to enforce the prohibition contained in [subsection (a)](#a) of this section with respect to such [facilities](/usc/42/11049.md?p=4).
    - (B) For purposes of this paragraph, the term “requirement of this subchapter” in [section 6928 of this title](/usc/42/6928.md) shall be deemed to include criteria promulgated by the [Administrator](/usc/42/6903.md?p=1) under sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title, and the term “hazardous wastes” in [section 6927 of this title](/usc/42/6927.md) shall be deemed to include [solid waste](/usc/42/6903.md?p=27) at [facilities](/usc/42/11049.md?p=4) that may handle hazardous household wastes or hazardous wastes from small quantity generators.
- (d) **State programs for control of coal combustion residuals—**
  - (1) **Approval by Administrator—**
    - (A) **In general—** Each [State](/usc/42/6903.md?p=31) may submit to the [Administrator](/usc/42/6903.md?p=1), in such form as the [Administrator](/usc/42/6903.md?p=1) may establish, evidence of a permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions under [State](/usc/42/6903.md?p=31) law for regulation by the [State](/usc/42/6903.md?p=31) of coal combustion residuals [units](/usc/42/1395w–114b.md?p=g-2) that are located in the [State](/usc/42/6903.md?p=31) that, after approval by the [Administrator](/usc/42/6903.md?p=1), will operate in lieu of regulation of coal combustion residuals [units](/usc/42/1395w–114b.md?p=g-2) in the [State](/usc/42/6903.md?p=31) by—
      - (i) application of [part 257 of title 40, Code of Federal Regulations](/cfr/40/part257.md) (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title); or
      - (ii) [implementation](/usc/42/6903.md?p=8) by the [Administrator](/usc/42/6903.md?p=1) of a permit [program](/usc/42/274l–1.md?p=4) under [paragraph (2)(B)](#d-2-B).
    - (B) **Requirement—** Not later than 180 days after the date on which a [State](/usc/42/6903.md?p=31) submits the evidence described in [subparagraph (A)](#d-1-A), the [Administrator](/usc/42/6903.md?p=1), after public notice and an opportunity for public comment, shall approve, in whole or in part, a permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions submitted under [subparagraph (A)](#d-1-A) if the [Administrator](/usc/42/6903.md?p=1) determines that the [program](/usc/42/274l–1.md?p=4) or other system requires each coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2) located in the [State](/usc/42/6903.md?p=31) to achieve compliance with—
      - (i) the applicable criteria for coal combustion residuals [units](/usc/42/1395w–114b.md?p=g-2) under [part 257 of title 40, Code of Federal Regulations](/cfr/40/part257.md) (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title); or
      - (ii) such other [State](/usc/42/6903.md?p=31) criteria that the [Administrator](/usc/42/6903.md?p=1), after consultation with the [State](/usc/42/6903.md?p=31), determines to be at least as protective as the criteria described in [clause (i)](#d-1-B-i).
    - (C) **Permit requirements—** The [Administrator](/usc/42/6903.md?p=1) shall approve under [subparagraph (B)(ii)](#d-1-B-ii) a [State](/usc/42/6903.md?p=31) permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions that allows a [State](/usc/42/6903.md?p=31) to include technical [standards](/usc/42/1320d.md?p=7) for individual permits or conditions of approval that differ from the criteria under [part 257 of title 40, Code of Federal Regulations](/cfr/40/part257.md) (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title) if, based on site-specific conditions, the [Administrator](/usc/42/6903.md?p=1) determines that the technical [standards](/usc/42/1320d.md?p=7) established pursuant to a [State](/usc/42/6903.md?p=31) permit [program](/usc/42/274l–1.md?p=4) or other system are at least as protective as the criteria under that part.
    - (D) **Program review and notification—**
      - (i) **Program review—** The [Administrator](/usc/42/6903.md?p=1) shall review a [State](/usc/42/6903.md?p=31) permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions that is approved under [subparagraph (B)](#d-1-B)—
        - (I) from time to time, as the [Administrator](/usc/42/6903.md?p=1) determines necessary, but not less frequently than once every 12 years;
        - (II) not later than 3 years after the date on which the [Administrator](/usc/42/6903.md?p=1) revises the applicable criteria for coal combustion residuals [units](/usc/42/1395w–114b.md?p=g-2) under [part 257 of title 40, Code of Federal Regulations](/cfr/40/part257.md) (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title);
        - (III) not later than 1 year after the date of a significant [release](/usc/42/9601.md?p=22) (as defined by the [Administrator](/usc/42/6903.md?p=1)), that was not authorized at the time the [release](/usc/42/9601.md?p=22) occurred, from a coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2) located in the [State](/usc/42/6903.md?p=31); and
        - (IV) on request of any other [State](/usc/42/6903.md?p=31) that asserts that the soil, groundwater, or surface water of the [State](/usc/42/6903.md?p=31) is or is likely to be adversely affected by a [release](/usc/42/9601.md?p=22) or potential [release](/usc/42/9601.md?p=22) from a coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2) located in the [State](/usc/42/6903.md?p=31) for which the [program](/usc/42/274l–1.md?p=4) or other system was approved.
      - (ii) **Notification and opportunity for a public hearing—** The [Administrator](/usc/42/6903.md?p=1) shall provide to a [State](/usc/42/6903.md?p=31) notice of deficiencies with respect to the permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions of the [State](/usc/42/6903.md?p=31) that is approved under [subparagraph (B)](#d-1-B), and an opportunity for a public hearing, if the [Administrator](/usc/42/6903.md?p=1) determines that—
        - (I) a revision or correction to the permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions of the [State](/usc/42/6903.md?p=31) is necessary to ensure that the permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions continues to ensure that each coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2) located in the [State](/usc/42/6903.md?p=31) achieves compliance with the criteria described in clauses [(i)](#d-1-B-i) and [(ii)](#d-1-B-ii) of subparagraph (B);
        - (II) the [State](/usc/42/6903.md?p=31) has not implemented an adequate permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions that requires each coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2) located in the [State](/usc/42/6903.md?p=31) to achieve compliance with the criteria described in [subparagraph (B)](#d-1-B); or
        - (III) the [State](/usc/42/6903.md?p=31) has, at any time, approved or failed to revoke a permit for a coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2), a [release](/usc/42/9601.md?p=22) from which adversely affects or is likely to adversely affect the soil, groundwater, or surface water of another [State](/usc/42/6903.md?p=31).
    - (E) **Withdrawal—**
      - (i) **In general—** The [Administrator](/usc/42/6903.md?p=1) shall withdraw approval of a [State](/usc/42/6903.md?p=31) permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions if, after the [Administrator](/usc/42/6903.md?p=1) provides notice and an opportunity for a public hearing to the relevant [State](/usc/42/6903.md?p=31) under [subparagraph (D)(ii)](#d-1-D-ii), the [Administrator](/usc/42/6903.md?p=1) determines that the [State](/usc/42/6903.md?p=31) has not corrected the deficiencies identified by the [Administrator](/usc/42/6903.md?p=1) under [subparagraph (D)(ii)](#d-1-D-ii).
      - (ii) **Reinstatement of State approval—** Any withdrawal of approval under [clause (i)](#d-1-E-i) shall cease to be effective on the date on which the [Administrator](/usc/42/6903.md?p=1) makes a determination that the [State](/usc/42/6903.md?p=31) has corrected the deficiencies identified by the [Administrator](/usc/42/6903.md?p=1) under [subparagraph (D)(ii)](#d-1-D-ii).
  - (2) **Nonparticipating states—**
    - (A) **Definition of nonparticipating State—** In this paragraph, the term “nonparticipating State” means a [State](/usc/42/6903.md?p=31)—
      - (i) for which the [Administrator](/usc/42/6903.md?p=1) has not approved a [State](/usc/42/6903.md?p=31) permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions under [paragraph (1)(B)](#d-1-B);
      - (ii) the [Governor](/usc/42/6372.md?p=1) of which has not submitted to the [Administrator](/usc/42/6903.md?p=1) for approval evidence to operate a [State](/usc/42/6903.md?p=31) permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions under [paragraph (1)(A)](#d-1-A);
      - (iii) the [Governor](/usc/42/6372.md?p=1) of which provides notice to the [Administrator](/usc/42/6903.md?p=1) that, not fewer than 90 days after the date on which the [Governor](/usc/42/6372.md?p=1) provides the notice to the [Administrator](/usc/42/6903.md?p=1), the [State](/usc/42/6903.md?p=31) will relinquish an approval under [paragraph (1)(B)](#d-1-B) to operate a permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions; or
      - (iv) for which the [Administrator](/usc/42/6903.md?p=1) has withdrawn approval for a permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions under [paragraph (1)(E)](#d-1-E).
    - (B) **Implementation of permit program—** In the case of a [nonparticipating State](#d-2-A) and subject to the availability of appropriations specifically provided in an appropriations Act to carry out a [program](/usc/42/274l–1.md?p=4) in a [nonparticipating State](#d-2-A), the [Administrator](/usc/42/6903.md?p=1) shall implement a permit [program](/usc/42/274l–1.md?p=4) to require each coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2) located in the [nonparticipating State](#d-2-A) to achieve compliance with applicable criteria established by the [Administrator](/usc/42/6903.md?p=1) under [part 257 of title 40, Code of Federal Regulations](/cfr/40/part257.md) (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title).
  - (3) **Applicability of criteria—** The applicable criteria for coal combustion residuals [units](/usc/42/1395w–114b.md?p=g-2) under [part 257 of title 40, Code of Federal Regulations](/cfr/40/part257.md) (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title), shall apply to each coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2) in a [State](/usc/42/6903.md?p=31) unless—
    - (A) a permit under a [State](/usc/42/6903.md?p=31) permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions approved by the [Administrator](/usc/42/6903.md?p=1) under [paragraph (1)(B)](#d-1-B) is in effect for the coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2); or
    - (B) a permit issued by the [Administrator](/usc/42/6903.md?p=1) in a [State](/usc/42/6903.md?p=31) in which the [Administrator](/usc/42/6903.md?p=1) is implementing a permit [program](/usc/42/274l–1.md?p=4) under [paragraph (2)(B)](#d-2-B) is in effect for the coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2).
  - (4) **Prohibition on open dumping—**
    - (A) **In general—** The [Administrator](/usc/42/6903.md?p=1) may use the authority provided by sections [6927](/usc/42/6927.md) and [6928](/usc/42/6928.md) of this title to enforce the prohibition on open dumping under [subsection (a)](#a) with respect to a coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2)—
      - (i) in a nonparticipating State (as defined in [paragraph (2)](#d-2)); and
      - (ii) located in a [State](/usc/42/6903.md?p=31) that is approved to operate a permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions under [paragraph (1)(B)](#d-1-B), in accordance with subparagraph (B) of this paragraph.
    - (B) **Federal enforcement in an approved State—**
      - (i) **In general—** In the case of a coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2) located in a [State](/usc/42/6903.md?p=31) that is approved to operate a permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions under [paragraph (1)(B)](#d-1-B), the [Administrator](/usc/42/6903.md?p=1) may commence an administrative or judicial [enforcement action](/usc/42/247d–6d.md?p=c-5-B-i) under [section 6928 of this title](/usc/42/6928.md) if—
        - (I) the [State](/usc/42/6903.md?p=31) requests that the [Administrator](/usc/42/6903.md?p=1) provide assistance in the performance of an [enforcement action](/usc/42/247d–6d.md?p=c-5-B-i); or
        - (II) after consideration of any other administrative or judicial [enforcement action](/usc/42/247d–6d.md?p=c-5-B-i) involving the coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2), the [Administrator](/usc/42/6903.md?p=1) determines that an [enforcement action](/usc/42/247d–6d.md?p=c-5-B-i) is likely to be necessary to ensure that the coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2) is operating in accordance with the criteria established under the permit [program](/usc/42/274l–1.md?p=4) or other system of prior approval and conditions.
      - (ii) **Notification—** In the case of an [enforcement action](/usc/42/247d–6d.md?p=c-5-B-i) by the [Administrator](/usc/42/6903.md?p=1) under [clause (i)(II)](#d-4-B-i-II), before issuing an order or commencing a civil action, the [Administrator](/usc/42/6903.md?p=1) shall notify the [State](/usc/42/6903.md?p=31) in which the coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2) is located.
      - (iii) **Annual report to Congress—**
        - (I) **In general—** Subject to [subclause (II)](#d-4-B-iii-II), not later than December 31, 2017, and December 31 of each year thereafter, the [Administrator](/usc/42/6903.md?p=1) shall submit to the Committee on Environment and Public Works of the Senate and the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5) a report that describes any [enforcement action](/usc/42/247d–6d.md?p=c-5-B-i) commenced under [clause (i)](#d-4-B-i), including a description of the basis for the [enforcement action](/usc/42/247d–6d.md?p=c-5-B-i).
        - (II) **Applicability—** [Subclause (I)](#d-4-B-iii-I) shall not apply for any calendar year during which the [Administrator](/usc/42/6903.md?p=1) does not commence an [enforcement action](/usc/42/247d–6d.md?p=c-5-B-i) under [clause (i)](#d-4-B-i).
  - (5) **Indian country—** The [Administrator](/usc/42/6903.md?p=1) shall establish and carry out a permit [program](/usc/42/274l–1.md?p=4), in accordance with this subsection, for coal combustion residuals [units](/usc/42/1395w–114b.md?p=g-2) in [Indian](/usc/42/6862.md?p=6) country (as defined in [section 1151 of title 18](/usc/18/1151.md)) to require each coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2) located in [Indian](/usc/42/6862.md?p=6) country to achieve compliance with the applicable criteria established by the [Administrator](/usc/42/6903.md?p=1) under [part 257 of title 40, Code of Federal Regulations](/cfr/40/part257.md) (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title).
  - (6) **Treatment of coal combustion residuals units—** A coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2) shall be considered to be a [sanitary landfill](/usc/42/6903.md?p=26) for purposes of this chapter, including [subsection (a)](#a), only if the coal combustion residuals [unit](/usc/42/1395w–114b.md?p=g-2) is operating in accordance with—
    - (A) the requirements of a permit issued by—
      - (i) the [State](/usc/42/6903.md?p=31) in accordance with a [program](/usc/42/274l–1.md?p=4) or system approved under [paragraph (1)(B)](#d-1-B); or
      - (ii) the [Administrator](/usc/42/6903.md?p=1) pursuant to [paragraph (2)(B)](#d-2-B) or [paragraph (5)](#d-5); or
    - (B) the applicable criteria for coal combustion residuals [units](/usc/42/1395w–114b.md?p=g-2) under [part 257 of title 40, Code of Federal Regulations](/cfr/40/part257.md) (or successor regulations promulgated pursuant to sections [6907(a)(3)](/usc/42/6907.md?p=a-3) and [6944(a)](/usc/42/6944.md?p=a) of this title).
  - (7) **Effect of subsection—** Nothing in this subsection affects any authority, regulatory determination, other law, or legal obligation in effect on the day before December 16, 2016.

# §6946. Procedure for development and implementation of State plan

- (a) **Identification of regions—** Within one hundred and eighty days after publication of guidelines under [section 6942(a) of this title](/usc/42/6942.md?p=a) (relating to identification of regions), the [Governor](/usc/42/6372.md?p=1) of each [State](/usc/42/6903.md?p=31), after consultation with local elected officials, shall promulgate regulations based on such guidelines identifying the boundaries of each area within the [State](/usc/42/6903.md?p=31) which, as a result of urban concentrations, geographic conditions, markets, and other factors, is appropriate for carrying out regional [solid waste management](/usc/42/6903.md?p=28). Such regulations may be [modified](/usc/42/7501.md?p=4) from time to time (identifying additional or different regions) pursuant to such guidelines.
- (b) **Identification of State and local agencies and responsibilities—**
  - (1) Within one hundred and eighty days after the [Governor](/usc/42/6372.md?p=1) promulgates regulations under [subsection (a)](#a), for purposes of facilitating the development and [implementation](/usc/42/6903.md?p=8) of a [State](/usc/42/6903.md?p=31) plan which will meet the minimum requirements of [section 6943 of this title](/usc/42/6943.md), the [State](/usc/42/6903.md?p=31), together with appropriate elected officials of general purpose [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md), shall jointly (A) identify an agency to develop the [State](/usc/42/6903.md?p=31) plan and identify one or more agencies to implement such plan, and (B) identify which [solid waste management](/usc/42/6903.md?p=28) activities will, under such [State](/usc/42/6903.md?p=31) plan, be planned for and carried out by the [State](/usc/42/6903.md?p=31) and which such management activities will, under such [State](/usc/42/6903.md?p=31) plan, be planned for and carried out by a regional or local authority or a combination of regional or local and [State authorities](/usc/42/6903.md?p=32). If a multi-functional regional agency authorized by [State](/usc/42/6903.md?p=31) law to conduct [solid waste planning](/usc/42/6903.md?p=30) and management (the members of which are appointed by the [Governor](/usc/42/6372.md?p=1)) is in existence on October 21, 1976, the [Governor](/usc/42/6372.md?p=1) shall identify such authority for purposes of carrying out within such region clause (A) of this paragraph. Where feasible, designation of the agency for the affected area designated under [section 1288 of title 33](/usc/33/1288.md) shall be considered. A [State agency](/usc/42/1396r–8.md?p=k-9) identified under this paragraph shall be established or designated by the [Governor](/usc/42/6372.md?p=1) of such [State](/usc/42/6903.md?p=31). Local or regional agencies identified under this paragraph shall be composed of individuals at least a majority of whom are elected local officials.
  - (2) If planning and [implementation](/usc/42/6903.md?p=8) agencies are not identified and designated or established as required under [paragraph (1)](#b-1) for any affected area, the [governor](/usc/42/6372.md?p=1) shall, before the date two hundred and seventy days after promulgation of regulations under [subsection (a)](#a), establish or designate a [State agency](/usc/42/1396r–8.md?p=k-9) to develop and implement the [State](/usc/42/6903.md?p=31) plan for such area.
- (c) **Interstate regions—**
  - (1) In the case of any region which, pursuant to the guidelines published by the [Administrator](/usc/42/6903.md?p=1) under [section 6942(a) of this title](/usc/42/6942.md?p=a) (relating to identification of regions), would be located in two or more [States](/usc/42/6903.md?p=31), the [Governors](/usc/42/6372.md?p=1) of the respective [States](/usc/42/6903.md?p=31), after consultation with local elected officials, shall consult, cooperate, and enter into [agreements](/usc/42/1320b–8.md?p=a-3-A) identifying the boundaries of such region pursuant to [subsection (a)](#a).
  - (2) Within one hundred and eighty days after an interstate region is identified by [agreement](/usc/42/1320b–8.md?p=a-3-A) under [paragraph (1)](#c-1), appropriate elected officials of general purpose [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md) within such region shall jointly establish or designate an agency to develop a plan for such region. If no such agency is established or designated within such period by such officials, the [Governors](/usc/42/6372.md?p=1) of the respective [States](/usc/42/6903.md?p=31) may, by [agreement](/usc/42/1320b–8.md?p=a-3-A), establish or designate for such purpose a [single](/usc/42/2304.md?p=m) [representative](/usc/42/3058f.md?p=5) organization including elected officials of general purpose [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md) within such region.
  - (3) [Implementation](/usc/42/6903.md?p=8) of interstate regional [solid waste management](/usc/42/6903.md?p=28) plans shall be conducted by [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md) for any portion of a region within their jurisdiction, or by multijurisdictional agencies or authorities designated in accordance with [State](/usc/42/6903.md?p=31) law, including those designated by [agreement](/usc/42/1320b–8.md?p=a-3-A) by such [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md) for such purpose. If no such [unit](/usc/42/1395w–114b.md?p=g-2), agency, or authority is so designated, the respective [Governors](/usc/42/6372.md?p=1) shall designate or establish a [single](/usc/42/2304.md?p=m) [interstate agency](/usc/42/6903.md?p=10) to implement such plan.
  - (4) For purposes of this subchapter, so much of an interstate regional plan as is carried out within a particular [State](/usc/42/6903.md?p=31) shall be deemed part of the [State](/usc/42/6903.md?p=31) plan for such [State](/usc/42/6903.md?p=31).

# §6947. Approval of State plan; Federal assistance

- (a) **Plan approval—** The [Administrator](/usc/42/6903.md?p=1) shall, within six months after a [State](/usc/42/6903.md?p=31) plan has been submitted for approval, approve or disapprove the plan. The [Administrator](/usc/42/6903.md?p=1) shall approve a plan if he determines that—
  - (1) it meets the requirements of paragraphs (1), (2), (3), and (5) of [section 6943(a) of this title](/usc/42/6943.md?p=a); and
  - (2) it contains provision for revision of such plan, after notice and public hearing, whenever the [Administrator](/usc/42/6903.md?p=1), by regulation, determines—
    - (A) that revised regulations respecting minimum requirements have been promulgated under paragraphs (1), (2), (3), and (5) of [section 6943(a) of this title](/usc/42/6943.md?p=a) with which the [State](/usc/42/6903.md?p=31) plan is not in compliance;
    - (B) that information has become available which demonstrates the inadequacy of the plan to effectuate the purposes of this subchapter; or
    - (C) that such revision is otherwise necessary.

  The [Administrator](/usc/42/6903.md?p=1) shall review approved plans from time to time and if he determines that revision or corrections are necessary to bring such plan into compliance with the minimum requirements promulgated under [section 6943 of this title](/usc/42/6943.md) (including new or revised requirements), he shall, after notice and opportunity for public hearing, withdraw his approval of such plan. Such withdrawal of approval shall cease to be effective upon the [Administrator](/usc/42/6903.md?p=1)’s determination that such complies with such minimum requirements.

- (b) **Eligibility of States for Federal financial assistance—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) shall approve a [State](/usc/42/6903.md?p=31) application for financial assistance under this subchapter, and make grants to such [State](/usc/42/6903.md?p=31), if such [State](/usc/42/6903.md?p=31) and local and [regional authorities](/usc/42/6903.md?p=25) within such [State](/usc/42/6903.md?p=31) have complied with the requirements of [section 6946 of this title](/usc/42/6946.md) within the period required under such section and if such [State](/usc/42/6903.md?p=31) has a [State](/usc/42/6903.md?p=31) plan which has been approved by the [Administrator](/usc/42/6903.md?p=1) under this subchapter.
  - (2) The [Administrator](/usc/42/6903.md?p=1) shall approve a [State](/usc/42/6903.md?p=31) application for financial assistance under this subchapter, and make grants to such [State](/usc/42/6903.md?p=31), for fiscal years 1978 and 1979 if the [Administrator](/usc/42/6903.md?p=1) determines that the [State](/usc/42/6903.md?p=31) plan continues to be eligible for approval under [subsection (a)](#a) and is being implemented by the [State](/usc/42/6903.md?p=31).
  - (3) Upon withdrawal of approval of a [State](/usc/42/6903.md?p=31) plan under [subsection (a)](#a), the [Administrator](/usc/42/6903.md?p=1) shall withhold Federal financial and technical assistance under this subchapter (other than such technical assistance as may be necessary to assist in obtaining the reinstatement of approval) until such time as such approval is reinstated.
- (c) **Existing activities—** Nothing in this subchapter shall be construed to prevent or affect any activities respecting [solid waste planning](/usc/42/6903.md?p=30) or management which are carried out by [State](/usc/42/6903.md?p=31), regional, or local authorities unless such activities are inconsistent with a [State](/usc/42/6903.md?p=31) plan approved by the [Administrator](/usc/42/6903.md?p=1) under this subchapter.

# §6948. Federal assistance

- (a) **Authorization of Federal financial assistance—**
  - (1) There are authorized to be appropriated $30,000,000 for fiscal year 1978, $40,000,000 for fiscal year 1979, $20,000,000 for fiscal year 1980, $15,000,000 for fiscal year 1981, $20,000,000 for the fiscal year 1982, and $10,000,000 for each of the fiscal years 1985 through 1988 for purposes of financial assistance to [States](/usc/42/6903.md?p=31) and local, regional, and interstate authorities for the development and [implementation](/usc/42/6903.md?p=8) of plans approved by the [Administrator](/usc/42/6903.md?p=1) under this subchapter (other than the provisions of such plans referred to in [section 6943(b)](/usc/42/6943.md?p=b)[^1] of this title, relating to feasibility planning for municipal [waste energy](/usc/42/18842.md?p=a-3-B) and materials conservation and recovery).
  - (2)
    - (A) The [Administrator](/usc/42/6903.md?p=1) is authorized to provide financial assistance to [States](/usc/42/6903.md?p=31), counties, [municipalities](/usc/42/6903.md?p=13), and [intermunicipal agencies](/usc/42/6903.md?p=9) and [State](/usc/42/6903.md?p=31) and local public [solid waste management](/usc/42/6903.md?p=28) authorities for [implementation](/usc/42/6903.md?p=8) of [programs](/usc/42/274l–1.md?p=4) to provide [solid waste management](/usc/42/6903.md?p=28), [resource recovery](/usc/42/6903.md?p=22), and [resource conservation](/usc/42/6903.md?p=21) services and [hazardous waste management](/usc/42/6903.md?p=7). Such assistance shall include assistance for [facility](/usc/42/11049.md?p=4) planning and feasibility studies; expert consultation; surveys and analyses of market needs; marketing of [recovered resources](/usc/42/6903.md?p=20); technology assessments; legal expenses; [construction](/usc/42/6903.md?p=2) feasibility studies; source separation [projects](/usc/42/11360.md?p=20); and fiscal or economic investigations or studies; but such assistance shall not include any other element of [construction](/usc/42/6903.md?p=2), or any acquisition of land or interest in land, or any subsidy for the price of [recovered resources](/usc/42/6903.md?p=20). Agencies assisted under this subsection shall consider existing [solid waste management](/usc/42/6903.md?p=28) and [hazardous waste management](/usc/42/6903.md?p=7) services and [facilities](/usc/42/11049.md?p=4) as well as [facilities](/usc/42/11049.md?p=4) proposed for [construction](/usc/42/6903.md?p=2).
    - (B) An applicant for financial assistance under this paragraph must agree to comply with respect to the [project](/usc/42/11360.md?p=20) or [program](/usc/42/274l–1.md?p=4) assisted with the applicable requirements of [section 6945 of this title](/usc/42/6945.md) and subchapter III of this chapter and apply applicable [solid waste management](/usc/42/6903.md?p=28) [practices](/usc/42/17061.md?p=19), methods, and levels of control consistent with any guidelines published pursuant to [section 6907 of this title](/usc/42/6907.md). Assistance under this paragraph shall be available only for [programs](/usc/42/274l–1.md?p=4) certified by the [State](/usc/42/6903.md?p=31) to be consistent with any applicable [State](/usc/42/6903.md?p=31) or areawide [solid waste management](/usc/42/6903.md?p=28) plan or [program](/usc/42/274l–1.md?p=4). Applicants for technical and financial assistance under this section shall not preclude or foreclose consideration of [programs](/usc/42/274l–1.md?p=4) for the recovery of recyclable materials through source separation or other [resource recovery](/usc/42/6903.md?p=22) techniques.
    - (C) There are authorized to be appropriated $15,000,000 for each of the fiscal years 1978 and 1979 for purposes of this section. There are authorized to be appropriated $10,000,000 for fiscal year 1980, $10,000,000 for fiscal year 1981, $10,000,000 for fiscal year 1982, and $10,000,000 for each of the fiscal years 1985 through 1988 for purposes of this paragraph.
    - (D) There are authorized—
      - (i) to be made available $15,000,000 out of [funds](/usc/42/12854.md?p=3) appropriated for fiscal year 1985, and
      - (ii) to be appropriated for each of the fiscal years 1986 though[^2] 1988, $20,000,000[^3]

      for grants to [States](/usc/42/6903.md?p=31) (and where appropriate to regional, local, and [interstate agencies](/usc/42/6903.md?p=10)) to implement [programs](/usc/42/274l–1.md?p=4) requiring compliance by [solid waste management facilities](/usc/42/6903.md?p=29) with the criteria promulgated under [section 6944(a) of this title](/usc/42/6944.md?p=a) and [section 6907(a)(3) of this title](/usc/42/6907.md?p=a-3) and with the provisions of [section 6945 of this title](/usc/42/6945.md). To the extent practicable, such [programs](/usc/42/274l–1.md?p=4) shall require such compliance not later than thirty-six months after November 8, 1984.

  - (3)
    - (A) There is authorized to be appropriated for the fiscal year beginning October 1, 1981, and for each fiscal year thereafter before October 1, 1986, $4,000,000 for purposes of making grants to [States](/usc/42/6903.md?p=31) to carry out [section 6943(b)](/usc/42/6943.md?p=b)[^1] of this title. No amount may be appropriated for such purposes for the fiscal year beginning on October 1, 1986, or for any fiscal year thereafter.
    - (B) Assistance provided by the [Administrator](/usc/42/6903.md?p=1) under this paragraph shall be used only for the purposes specified in [section 6943(b)](/usc/42/6943.md?p=b)[^1] of this title. Such assistance may not be used for purposes of land acquisition, final [facility](/usc/42/11049.md?p=4) design, equipment purchase, [construction](/usc/42/6903.md?p=2), startup or operation activities.
    - (C) Where appropriate, any [State](/usc/42/6903.md?p=31) receiving assistance under this paragraph may make all or any part of such assistance available to [municipalities](/usc/42/6903.md?p=13) within the [State](/usc/42/6903.md?p=31) to carry out the activities specified in section [6943(b)(1)(A)](/usc/42/6943.md) and [(B)](/usc/42/6943.md)[^1] of this title.
- (b) **State allotment—** The sums appropriated in any fiscal year under [subsection (a)(1)](#a-1) shall be allotted by the [Administrator](/usc/42/6903.md?p=1) among all [States](/usc/42/6903.md?p=31), in the ratio that the population in each [State](/usc/42/6903.md?p=31) bears to the population in all of the [States](/usc/42/6903.md?p=31), except that no [State](/usc/42/6903.md?p=31) shall receive less than one-half of 1 per centum of the sums so allotted in any fiscal year. No [State](/usc/42/6903.md?p=31) shall receive any grant under this section during any fiscal year when its expenditures of non-Federal [funds](/usc/42/12854.md?p=3) for other than non-recurrent expenditures for [solid waste management](/usc/42/6903.md?p=28) control [programs](/usc/42/274l–1.md?p=4) will be less than its expenditures were for such [programs](/usc/42/274l–1.md?p=4) during fiscal year 1975, except that such [funds](/usc/42/12854.md?p=3) may be reduced by an amount equal to their proportionate share of any general reduction of [State](/usc/42/6903.md?p=31) spending ordered by the [Governor](/usc/42/6372.md?p=1) or legislature of such [State](/usc/42/6903.md?p=31). No [State](/usc/42/6903.md?p=31) shall receive any grant for [solid waste management](/usc/42/6903.md?p=28) [programs](/usc/42/274l–1.md?p=4) unless the [Administrator](/usc/42/6903.md?p=1) is satisfied that such grant will be so used as to supplement and, to the extent practicable, increase the level of [State](/usc/42/6903.md?p=31), local, regional, or other non-Federal [funds](/usc/42/12854.md?p=3) that would in the absence of such grant be made available for the maintenance of such [programs](/usc/42/274l–1.md?p=4).
- (c) **Distribution of Federal financial assistance within the State—** The Federal assistance allotted to the [States](/usc/42/6903.md?p=31) under [subsection (b)](#b) shall be allocated by the [State](/usc/42/6903.md?p=31) receiving such [funds](/usc/42/12854.md?p=3) to [State](/usc/42/6903.md?p=31), local, regional, and interstate authorities carrying out planning and [implementation](/usc/42/6903.md?p=8) of the [State](/usc/42/6903.md?p=31) plan. Such [allocation](/usc/42/2021b.md?p=2) shall be based upon the responsibilities of the respective parties as determined pursuant to [section 6946(b) of this title](/usc/42/6946.md?p=b).
- (d) **Technical assistance—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) may provide technical assistance to [State](/usc/42/6903.md?p=31) and [local governments](/usc/42/8401a.md) for purposes of developing and implementing [State](/usc/42/6903.md?p=31) plans. Technical assistance respecting [resource recovery](/usc/42/6903.md?p=22) and conservation may be provided through [resource recovery](/usc/42/6903.md?p=22) and conservation [panels](/usc/42/10362.md?p=16), established in the Environmental Protection Agency under subchapter II, to assist the [State](/usc/42/6903.md?p=31) and [local governments](/usc/42/8401a.md) with respect to particular [resource recovery](/usc/42/6903.md?p=22) and conservation [projects](/usc/42/11360.md?p=20) under consideration and to evaluate their effect on the [State](/usc/42/6903.md?p=31) plan.
  - (2) In carrying out this subsection, the [Administrator](/usc/42/6903.md?p=1) may, upon request, provide technical assistance to [States](/usc/42/6903.md?p=31) to assist in the [removal](/usc/42/9601.md?p=23) or [modification](/usc/42/7501.md?p=4) of legal, institutional, economic, and other impediments to the recycling of [used oil](/usc/42/6903.md?p=36). Such impediments may include laws, regulations, and policies, including [State](/usc/42/6903.md?p=31) procurement policies, which are not favorable to the recycling of [used oil](/usc/42/6903.md?p=36).
  - (3) In carrying out this subsection, the [Administrator](/usc/42/6903.md?p=1) is authorized to provide technical assistance to [States](/usc/42/6903.md?p=31), [municipalities](/usc/42/6903.md?p=13), [regional authorities](/usc/42/6903.md?p=25), and [intermunicipal agencies](/usc/42/6903.md?p=9) upon request, to assist in the [removal](/usc/42/9601.md?p=23) or [modification](/usc/42/7501.md?p=4) of legal, institutional, and economic impediments which have the effect of impeding the development of systems and [facilities](/usc/42/11049.md?p=4) to recovery [energy](/usc/42/6311.md?p=7) and materials from municipal waste or to conserve [energy](/usc/42/6311.md?p=7) or materials which contribute to the waste stream. Such impediments may include—
    - (A) laws, regulations, and policies, including [State](/usc/42/6903.md?p=31) and local procurement policies, which are not favorable to [resource conservation](/usc/42/6903.md?p=21) and recovery policies, systems, and [facilities](/usc/42/11049.md?p=4);
    - (B) impediments to the financing of [facilities](/usc/42/11049.md?p=4) to conserve or recover [energy](/usc/42/6311.md?p=7) and materials from municipal waste through the exercise of [State](/usc/42/6903.md?p=31) and local authority to issue revenue bonds and the use of [State](/usc/42/6903.md?p=31) and local credit assistance; and
    - (C) impediments to institutional arrangements necessary to undertake [projects](/usc/42/11360.md?p=20) for the conservation or recovery of [energy](/usc/42/6311.md?p=7) and materials from municipal waste, including the creation of special districts, authorities, or [corporations](/usc/42/2296b–7.md?p=1) where necessary having the power to secure the supply of waste of a [project](/usc/42/11360.md?p=20), to conserve resources, to implement the [project](/usc/42/11360.md?p=20), and to undertake related activities.
- (e) **Special communities—**
  - (1) The [Administrator](/usc/42/6903.md?p=1), in cooperation with [State](/usc/42/6903.md?p=31) and local officials, shall identify [local governments](/usc/42/8401a.md) within the [United States](/usc/42/403.md?p=k) (A) having a [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4) (i) which is owned by the [unit of local government](/usc/42/6372.md?p=2), (ii) for which an order has been issued by the [State](/usc/42/6903.md?p=31) to cease receiving [solid waste](/usc/42/6903.md?p=27) for [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3), and (iii) which is subject to a [State](/usc/42/6903.md?p=31)-approved end-use recreation plan, and (B) which are located over an aquifer which is the source of drinking water for any [person](/usc/42/6903.md?p=15) or public water system and which has serious environmental problems resulting from the [disposal](/usc/42/6903.md?p=3) of such [solid waste](/usc/42/6903.md?p=27), including possible methane migration.
  - (2) There is authorized to be appropriated to the [Administrator](/usc/42/6903.md?p=1) $2,500,000 for the fiscal year 1980 and $1,500,000 for each of the fiscal years 1981 and 1982 to make grants to be used for containment and stabilization of [solid waste](/usc/42/6903.md?p=27) located at the [disposal](/usc/42/6903.md?p=3) sites referred to in [paragraph (1)](#e-1). Not more than one community in any [State](/usc/42/6903.md?p=31) shall be eligible for grants under this paragraph and not more than one [project](/usc/42/11360.md?p=20) in any [State](/usc/42/6903.md?p=31) shall be eligible for such grants. No [unit of local government](/usc/42/6372.md?p=2) shall be eligible for grants under this paragraph with respect to any site which exceeds 65 acres in size.
- (f) **Assistance to States for discretionary program for recycled oil—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) may make grants to [States](/usc/42/6903.md?p=31), which have a [State](/usc/42/6903.md?p=31) plan approved under [section 6947 of this title](/usc/42/6947.md), or which have submitted a [State](/usc/42/6903.md?p=31) plan for approval under such section, if such plan includes the discretionary provisions described in [section 6943(b) of this title](/usc/42/6943.md?p=b). Grants under this subsection shall be for purposes of assisting the [State](/usc/42/6903.md?p=31) in carrying out such discretionary provisions. No grant under this subsection may be used for [construction](/usc/42/6903.md?p=2) or for the acquisition of land or equipment.
  - (2) Grants under this subsection shall be allotted among the [States](/usc/42/6903.md?p=31) in the same manner as provided in the first sentence of [subsection (b)](#b).
  - (3) No grant may be made under this subsection unless an application therefor is submitted to, and approved by, the [Administrator](/usc/42/6903.md?p=1). The application shall be in such form, be submitted in such manner, and contain such information as the [Administrator](/usc/42/6903.md?p=1) may require.
  - (4) For purposes of making grants under this subsection, there are authorized to be appropriated $5,000,000 for fiscal year 1982, $5,000,000 for fiscal year 1983, and $5,000,000 for each of the fiscal years 1985 through 1988.
- (g) **Assistance to municipalities for energy and materials conservation and recovery planning activities—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) is authorized to make grants to [municipalities](/usc/42/6903.md?p=13), [regional authorities](/usc/42/6903.md?p=25), and [intermunicipal agencies](/usc/42/6903.md?p=9) to carry out activities described in subparagraphs [(A)](/usc/42/6943.md) and [(B)](/usc/42/6943.md) of section 6943(b)(1)[^1] of this title. Such grants may be made only pursuant to an application submitted to the [Administrator](/usc/42/6903.md?p=1) by the [municipality](/usc/42/6903.md?p=13) which application has been approved by the [State](/usc/42/6903.md?p=31) and determined by the [State](/usc/42/6903.md?p=31) to be consistent with any [State](/usc/42/6903.md?p=31) plan approved or submitted under this subchapter or any other appropriate planning carried out by the [State](/usc/42/6903.md?p=31).
  - (2) There is authorized to be appropriated for the fiscal year beginning October 1, 1981, and for each fiscal year thereafter before October 1, 1986, $8,000,000 for purposes of making grants to [municipalities](/usc/42/6903.md?p=13) under this subsection. No amount may be appropriated for such purposes for the fiscal year beginning on October 1, 1986, or for any fiscal year thereafter.
  - (3) Assistance provided by the [Administrator](/usc/42/6903.md?p=1) under this subsection shall be used only for the purposes specified in [paragraph (1)](#g-1). Such assistance may not be used for purposes of land acquisition, final [facility](/usc/42/11049.md?p=4) design, equipment purchase, [construction](/usc/42/6903.md?p=2), startup or operation activities.

# §6949. Rural communities assistance

- (a) **In general—** The [Administrator](/usc/42/6903.md?p=1) shall make grants to [States](/usc/42/6903.md?p=31) to provide assistance to [municipalities](/usc/42/6903.md?p=13) with a population of five thousand or less, or counties with a population of ten thousand or less or less than twenty [persons](/usc/42/6903.md?p=15) per square mile and not within a metropolitan area, for [solid waste management facilities](/usc/42/6903.md?p=29) (including equipment) necessary to meet the requirements of [section 6945 of this title](/usc/42/6945.md) or restrictions on open burning or other requirements arising under the Clean Air Act [[42 U.S.C. 7401](/usc/42/7401.md) et seq.] or the Federal Water Pollution Control Act [[33 U.S.C. 1251](/usc/33/1251.md) et seq.]. Such assistance shall only be available—
  - (1) to any [municipality](/usc/42/6903.md?p=13) or county which could not feasibly be included in a [solid waste management](/usc/42/6903.md?p=28) system or [facility](/usc/42/11049.md?p=4) serving an urbanized, multijurisdictional area because of its distance from such systems;
  - (2) where existing or planned [solid waste management](/usc/42/6903.md?p=28) services or [facilities](/usc/42/11049.md?p=4) are unavailable or insufficient to comply with the requirements of [section 6945 of this title](/usc/42/6945.md); and
  - (3) for systems which are certified by the [State](/usc/42/6903.md?p=31) to be consistent with any plans or [programs](/usc/42/274l–1.md?p=4) established under any [State](/usc/42/6903.md?p=31) or areawide planning process.
- (b) **Allotment—** The [Administrator](/usc/42/6903.md?p=1) shall allot the sums appropriated to carry out this section in any fiscal year among the [States](/usc/42/6903.md?p=31) in accordance with regulations promulgated by him on the basis of the average of the ratio which the population of rural areas of each [State](/usc/42/6903.md?p=31) bears to the total population of rural areas of all the [States](/usc/42/6903.md?p=31), the ratio which the population of counties in each [State](/usc/42/6903.md?p=31) having less than twenty [persons](/usc/42/6903.md?p=15) per square mile bears to the total population of such counties in all the [States](/usc/42/6903.md?p=31), and the ratio which the population of such low-density counties in each [State](/usc/42/6903.md?p=31) having 33 per centum or more of all [families](/usc/42/12704.md?p=11) with [incomes](/usc/42/292s.md?p=c-4) not in excess of 125 per centum of the [poverty level](/usc/42/8622.md?p=8) bears to the total population of such counties in all the [States](/usc/42/6903.md?p=31).
- (c) **Limit—** The amount of any grant under this section shall not exceed 75 per centum of the costs of the [project](/usc/42/11360.md?p=20). No assistance under this section shall be available for the acquisition of land or interests in land.
- (d) **Authorization of appropriations—** There are authorized to be appropriated $25,000,000 for each of the fiscal years 1978 and 1979 to carry out this section. There are authorized to be appropriated $10,000,000 for the fiscal year 1980 and $15,000,000 for each of the fiscal years 1981 and 1982 to carry out this section.
- (e) **Additional appropriations—**
  - (1) **In general—** There are authorized to be appropriated to carry out this section for the Denali [Commission](/usc/42/2000ff.md?p=1) to provide assistance to [municipalities](/usc/42/6903.md?p=13) in the [State](/usc/42/6903.md?p=31) of Alaska $1,500,000 for each of fiscal years 2008 through 2012.
  - (2) **Administration—** For the purpose of carrying out this subsection, the Denali [Commission](/usc/42/2000ff.md?p=1) shall—
    - (A) be considered a [State](/usc/42/6903.md?p=31); and
    - (B) comply with all other requirements and limitations of this section.

# §6949a. Adequacy of certain guidelines and criteria

- (a) **Study—** The [Administrator](/usc/42/6903.md?p=1) shall conduct a study of the extent to which the guidelines and criteria under this chapter (other than guidelines and criteria for [facilities](/usc/42/11049.md?p=4) to which subchapter III applies) which are applicable to [solid waste management](/usc/42/6903.md?p=28) and [disposal](/usc/42/6903.md?p=3) [facilities](/usc/42/11049.md?p=4), including, but not limited to landfills and surface impoundments, are adequate to protect human health and the environment from ground water contamination. Such study shall include a detailed assessment of the degree to which the criteria under [section 6907(a) of this title](/usc/42/6907.md?p=a) and the criteria under [section 6944 of this title](/usc/42/6944.md) regarding monitoring, prevention of contamination, and remedial action are adequate to protect ground water and shall also include recommendation with respect to any additional enforcement authorities which the [Administrator](/usc/42/6903.md?p=1), in consultation with the [Attorney General](/usc/42/14902.md?p=6), deems necessary for such purposes.
- (b) **Report—** Not later than thirty-six months after November 8, 1984, the [Administrator](/usc/42/6903.md?p=1) 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](/usc/42/6903.md?p=1) on the basis of such study.
- (c) **Revisions of guidelines and criteria—**
  - (1) **In general—** Not later than March 31, 1988, the [Administrator](/usc/42/6903.md?p=1) shall promulgate revisions of the criteria promulgated under paragraph (1) of [section 6944(a) of this title](/usc/42/6944.md?p=a) and under [section 6907(a)(3) of this title](/usc/42/6907.md?p=a-3) for [facilities](/usc/42/11049.md?p=4) that may receive hazardous household wastes or [hazardous wastes](/usc/42/6903.md?p=5) from small quantity generators under [section 6921(d) of this title](/usc/42/6921.md?p=d). The criteria shall be those necessary to protect human health and the environment and may take into account the practicable capability of such [facilities](/usc/42/11049.md?p=4). At a minimum such revisions for [facilities](/usc/42/11049.md?p=4) potentially receiving such wastes should require ground water monitoring as necessary to detect contamination, establish criteria for the acceptable location of new or existing [facilities](/usc/42/11049.md?p=4), and provide for corrective action as appropriate.
  - (2) **Additional revisions—** Subject to [paragraph (3)](#c-3), the requirements of the criteria described in [paragraph (1)](#c-1) relating to ground water monitoring shall not apply to an [owner or operator](/usc/42/9601.md?p=20-B) of a new [municipal solid waste](/usc/42/7546.md?p=a-1) landfill [unit](/usc/42/1395w–114b.md?p=g-2), an existing [municipal solid waste](/usc/42/7546.md?p=a-1) landfill [unit](/usc/42/1395w–114b.md?p=g-2), or a lateral expansion of a [municipal solid waste](/usc/42/7546.md?p=a-1) landfill [unit](/usc/42/1395w–114b.md?p=g-2), that disposes of less than 20 tons of [municipal solid waste](/usc/42/7546.md?p=a-1) daily, based on an annual average, if—
    - (A) there is no evidence of ground water contamination from the [municipal solid waste](/usc/42/7546.md?p=a-1) landfill [unit](/usc/42/1395w–114b.md?p=g-2) or expansion; and
    - (B) the [municipal solid waste](/usc/42/7546.md?p=a-1) landfill [unit](/usc/42/1395w–114b.md?p=g-2) or expansion serves—
      - (i) a community that experiences an annual interruption of at least 3 consecutive months of surface transportation that prevents access to a regional waste management [facility](/usc/42/11049.md?p=4); or
      - (ii) a community that has no practicable waste management alternative and the landfill [unit](/usc/42/1395w–114b.md?p=g-2) is located in an area that annually receives less than or equal to 25 inches of precipitation.
  - (3) **Protection of ground water resources—**
    - (A) **Monitoring requirement—** A [State](/usc/42/6903.md?p=31) may require ground water monitoring of a [solid waste](/usc/42/6903.md?p=27) landfill [unit](/usc/42/1395w–114b.md?p=g-2) that would otherwise be exempt under [paragraph (2)](#c-2) if necessary to protect ground water resources and ensure compliance with a [State](/usc/42/6903.md?p=31) ground water protection plan, where applicable.
    - (B) **Methods—** If a [State](/usc/42/6903.md?p=31) requires ground water monitoring of a [solid waste](/usc/42/6903.md?p=27) landfill [unit](/usc/42/1395w–114b.md?p=g-2) under [subparagraph (A)](#c-3-A), the [State](/usc/42/6903.md?p=31) may allow the use of a method other than the use of ground water monitoring wells to detect a [release](/usc/42/9601.md?p=22) of contamination from the [unit](/usc/42/1395w–114b.md?p=g-2).
    - (C) **Corrective action—** If a [State](/usc/42/6903.md?p=31) finds a [release](/usc/42/9601.md?p=22) from a [solid waste](/usc/42/6903.md?p=27) landfill [unit](/usc/42/1395w–114b.md?p=g-2), the [State](/usc/42/6903.md?p=31) shall require corrective action as appropriate.
  - (4) **No-migration exemption—**
    - (A) **In general—** Ground water monitoring requirements may be suspended by the [Director](/usc/42/5061.md?p=1) of an approved [State](/usc/42/6903.md?p=31) for a landfill operator if the operator demonstrates that there is no potential for migration of hazardous constituents from the [unit](/usc/42/1395w–114b.md?p=g-2) to the uppermost aquifer during the active life of the [unit](/usc/42/1395w–114b.md?p=g-2) and the post-closure care period.
    - (B) **Certification—** A [demonstration](/usc/42/6903.md?p=2A) under [subparagraph (A)](#c-4-A) shall be certified by a qualified ground-water scientist and approved by the [Director](/usc/42/5061.md?p=1) of an approved [State](/usc/42/6903.md?p=31).
    - (C) **Guidance—** Not later than 6 months after March 26, 1996, the [Administrator](/usc/42/6903.md?p=1) shall issue a guidance document to facilitate small community use of the no migration[^1] exemption under this paragraph.
  - (5) **Alaska Native villages—** Upon certification by the [Governor](/usc/42/6372.md?p=1) of the [State](/usc/42/6903.md?p=31) of Alaska that application of the requirements described in [paragraph (1)](#c-1) to a [solid waste](/usc/42/6903.md?p=27) landfill [unit](/usc/42/1395w–114b.md?p=g-2) of a Native village (as defined in [section 1602 of title 43](/usc/43/1602.md)) or [unit](/usc/42/1395w–114b.md?p=g-2) that is located in or near a small, remote Alaska village would be infeasible, or would not be [cost-effective](/usc/42/1396e.md?p=e-2), or is otherwise inappropriate because of the remote location of the [unit](/usc/42/1395w–114b.md?p=g-2), the [State](/usc/42/6903.md?p=31) may exempt the [unit](/usc/42/1395w–114b.md?p=g-2) from some or all of those requirements. This paragraph shall apply only to [solid waste](/usc/42/6903.md?p=27) landfill [units](/usc/42/1395w–114b.md?p=g-2) that dispose of less than 20 tons of [municipal solid waste](/usc/42/7546.md?p=a-1) daily, based on an annual average.
  - (6) **Further revisions of guidelines and criteria—** Recognizing the unique circumstances of small communities, the [Administrator](/usc/42/6903.md?p=1) shall, not later than two years after March 26, 1996, promulgate revisions to the guidelines and criteria promulgated under this subchapter to provide additional flexibility to approved [States](/usc/42/6903.md?p=31) to allow landfills that receive 20 tons or less of [municipal solid waste](/usc/42/7546.md?p=a-1) per day, based on an annual average, to use alternative frequencies of daily cover application, frequencies of methane gas monitoring, infiltration layers for final cover, and means for demonstrating financial assurance: Provided, That such alternative requirements take into account climatic and hydrogeologic conditions and are protective of human health and environment.

# §6951. Functions


The [Secretary](/usc/42/242q–4.md?p=2) of [Commerce](/usc/42/6311.md?p=7) shall encourage greater commercialization of proven [resource recovery](/usc/42/6903.md?p=22) technology by providing—

- (1) accurate specifications for [recovered materials](/usc/42/6903.md?p=19);
- (2) stimulation of development of markets for [recovered materials](/usc/42/6903.md?p=19);
- (3) promotion of proven technology; and
- (4) a forum for the [exchange](/usc/42/300gg–91.md?p=d-21) of technical and economic data relating to [resource recovery facilities](/usc/42/6903.md?p=24).

# §6952. Development of specifications for secondary materials


The [Secretary](/usc/42/242q–4.md?p=2) of [Commerce](/usc/42/6311.md?p=7), acting through the National Institute of [Standards](/usc/42/1320d.md?p=7) and Technology, and in conjunction with national [standards](/usc/42/1320d.md?p=7)-setting organizations in [resource recovery](/usc/42/6903.md?p=22), shall, after public hearings, and not later than two years after September 1, 1979, publish guidelines for the development of specifications for the classification of materials recovered from waste which were destined for [disposal](/usc/42/6903.md?p=3). The specifications shall pertain to the physical and chemical properties and characteristics of such materials with regard to their use in replacing [virgin materials](/usc/42/6903.md?p=35) in various industrial, commercial, and governmental uses. In establishing such guidelines the [Secretary](/usc/42/242q–4.md?p=2) shall also, to the extent feasible, provide such information as may be necessary to assist [Federal agencies](/usc/42/6903.md?p=4) with procurement of items containing [recovered materials](/usc/42/6903.md?p=19). The [Secretary](/usc/42/242q–4.md?p=2) shall continue to cooperate with national [standards](/usc/42/1320d.md?p=7)-setting organizations, as may be necessary, to encourage the publication, promulgation and updating of [standards](/usc/42/1320d.md?p=7) for [recovered materials](/usc/42/6903.md?p=19) and for the use of [recovered materials](/usc/42/6903.md?p=19) in various industrial, commercial, and governmental uses.


# §6953. Development of markets for recovered materials


The [Secretary](/usc/42/242q–4.md?p=2) of [Commerce](/usc/42/6311.md?p=7) shall within two years after September 1, 1979, take such actions as may be necessary to—

- (1) identify the geographical location of existing or potential markets for [recovered materials](/usc/42/6903.md?p=19);
- (2) identify the economic and technical barriers to the use of [recovered materials](/usc/42/6903.md?p=19); and
- (3) encourage the development of new uses for [recovered materials](/usc/42/6903.md?p=19).

# §6954. Technology promotion


The [Secretary](/usc/42/242q–4.md?p=2) of [Commerce](/usc/42/6311.md?p=7) is authorized to evaluate the commercial feasibility of [resource recovery facilities](/usc/42/6903.md?p=24) and to publish the results of such evaluation, and to develop a data base for purposes of assisting [persons](/usc/42/6903.md?p=15) in choosing such a system.


# §6955. Marketing policies, establishment; nondiscrimination requirement


In establishing any policies which may affect the development of new markets for [recovered materials](/usc/42/6903.md?p=19) and in making any determination concerning whether or not to impose monitoring or other controls on any marketing or transfer of [recovered materials](/usc/42/6903.md?p=19), the [Secretary](/usc/42/242q–4.md?p=2) of [Commerce](/usc/42/6311.md?p=7) may consider whether to establish the same or similar policies or impose the same or similar monitoring or other controls on [virgin materials](/usc/42/6903.md?p=35).


# §6956. Authorization of appropriations


There are authorized to be appropriated to the [Secretary](/usc/42/242q–4.md?p=2) of [Commerce](/usc/42/6311.md?p=7) $5,000,000 for each of fiscal years 1980, 1981, and 1982 and $1,500,000 for each of the fiscal years 1985 through 1988 to carry out the purposes of this subchapter.


# §6961. Application of Federal, State, and local law to Federal facilities

- (a) **In general—** Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government (1) having jurisdiction over any [solid waste management facility](/usc/42/6903.md?p=29) or [disposal](/usc/42/6903.md?p=3) site, or (2) engaged in any activity resulting, or which may result, in the [disposal](/usc/42/6903.md?p=3) or management of [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5) shall be subject to, and comply with, all Federal, [State](/usc/42/6903.md?p=31), interstate, and local requirements, both substantive and procedural (including any requirement for permits or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), respecting control and abatement of [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5) [disposal](/usc/42/6903.md?p=3) and management in the same manner, and to the same extent, as any [person](/usc/42/6903.md?p=15) is subject to such requirements, including the payment of reasonable service charges. The Federal, [State](/usc/42/6903.md?p=31), interstate, and local substantive and procedural requirements referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing [violations](/usc/42/2000e–16a.md?p=c). The [United States](/usc/42/403.md?p=k) hereby expressly waives any immunity otherwise applicable to the [United States](/usc/42/403.md?p=k) with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this subsection include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and [inspection](/usc/42/4851b.md?p=12) and monitoring of [facilities](/usc/42/11049.md?p=4), as well as any other nondiscriminatory charges that are assessed in connection with a Federal, [State](/usc/42/6903.md?p=31), interstate, or local [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5) regulatory [program](/usc/42/274l–1.md?p=4). Neither the [United States](/usc/42/403.md?p=k), nor any agent, [employee](/usc/42/1320a–7h.md?p=e-7), or officer thereof, shall be immune or exempt from any process or sanction of any [State](/usc/42/6903.md?p=31) or Federal Court with respect to the enforcement of any such injunctive relief. No agent, [employee](/usc/42/1320a–7h.md?p=e-7), or officer of the [United States](/usc/42/403.md?p=k) shall be personally liable for any civil penalty under any Federal, [State](/usc/42/6903.md?p=31), interstate, or local solid or [hazardous waste](/usc/42/6903.md?p=5) law with respect to any act or omission within the scope of the official duties of the agent, [employee](/usc/42/1320a–7h.md?p=e-7), or officer. An agent, [employee](/usc/42/1320a–7h.md?p=e-7), or officer of the [United States](/usc/42/403.md?p=k) shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or [State](/usc/42/6903.md?p=31) solid or [hazardous waste](/usc/42/6903.md?p=5) law, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction. The President may exempt any [solid waste management facility](/usc/42/6903.md?p=29) of any department, agency, or instrumentality in the executive branch from compliance with such a requirement if he determines it to be in the paramount interest of the [United States](/usc/42/403.md?p=k) to do so. No such exemption shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. Any exemption shall be for a period not in excess of one year, but additional exemptions may be granted for periods not to exceed one year upon the President’s making a new determination. The President shall report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting each such exemption.
- (b) **Administrative enforcement actions—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) may commence an administrative [enforcement action](/usc/42/247d–6d.md?p=c-5-B-i) against any department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government pursuant to the enforcement authorities contained in this chapter. The [Administrator](/usc/42/6903.md?p=1) shall initiate an administrative [enforcement action](/usc/42/247d–6d.md?p=c-5-B-i) against such a department, agency, or instrumentality in the same manner and under the same circumstances as an action would be initiated against another [person](/usc/42/6903.md?p=15). Any voluntary resolution or settlement of such an action shall be set forth in a consent order.
  - (2) No administrative order issued to such a department, agency, or instrumentality shall become final until such department, agency, or instrumentality has had the opportunity to confer with the [Administrator](/usc/42/6903.md?p=1).
- (c) **Limitation on State use of funds collected from Federal Government—** Unless a [State](/usc/42/6903.md?p=31) law in effect on October 6, 1992, or a [State](/usc/42/6903.md?p=31) constitution requires the [funds](/usc/42/12854.md?p=3) to be used in a different manner, all [funds](/usc/42/12854.md?p=3) collected by a [State](/usc/42/6903.md?p=31) from the Federal Government from penalties and fines imposed for [violation](/usc/42/2000e–16a.md?p=c) of any substantive or procedural requirement referred to in [subsection (a)](#a) shall be used by the [State](/usc/42/6903.md?p=31) only for [projects](/usc/42/11360.md?p=20) designed to improve or protect the environment or to defray the costs of environmental protection or enforcement.

# §6962. Federal procurement

- (a) **Application of section—** Except as provided in [subsection (b)](#b), a [procuring agency](/usc/42/6903.md?p=17) shall comply with the requirements set forth in this section and any regulations issued under this section, with respect to any purchase or acquisition of a [procurement item](/usc/42/6903.md?p=16) where the purchase price of the item exceeds $10,000 or where the quantity of such items or of functionally equivalent items purchased or acquired in the course of the preceding fiscal year was $10,000 or more.
- (b) **Procurement subject to other law—** Any procurement, by any [procuring agency](/usc/42/6903.md?p=17), which is subject to regulations of the [Administrator](/usc/42/6903.md?p=1) under [section 6964 of this title](/usc/42/6964.md) (as promulgated before October 21, 1976, under comparable provisions of prior law) shall not be subject to the requirements of this section to the extent that such requirements are inconsistent with such regulations.
- (c) **Requirements—**
  - (1) After the date specified in applicable guidelines prepared pursuant to [subsection (e)](#e) of this section, each [procuring agency](/usc/42/6903.md?p=17) which procures any items designated in such guidelines shall procure such items composed of the highest percentage of [recovered materials](#h) practicable (and in the case of paper, the highest percentage of the postconsumer [recovered materials](#h) referred to in [subsection (h)(1)](#h-1) practicable), consistent with maintaining a satisfactory level of competition, considering such guidelines. The decision not to procure such items shall be based on a determination that such [procurement items](/usc/42/6903.md?p=16)—
    - (A) are not reasonably available within a reasonable period of time;
    - (B) fail to meet the performance [standards](/usc/42/1320d.md?p=7) set forth in the applicable specifications or fail to meet the reasonable performance [standards](/usc/42/1320d.md?p=7) of the [procuring agencies](/usc/42/6903.md?p=17); or
    - (C) are only available at an unreasonable price. Any determination under [subparagraph (B)](#c-1-B) shall be made on the basis of the guidelines of the National Institute of [Standards](/usc/42/1320d.md?p=7) and Technology in any case in which such material is covered by such guidelines.
  - (2) Agencies that [generate](/usc/42/2021b.md?p=8) heat, mechanical, or electrical [energy](/usc/42/6311.md?p=7) from fossil fuel in systems that have the technical capability of using [energy](/usc/42/6311.md?p=7) or fuels derived from [solid waste](/usc/42/6903.md?p=27) as a primary or supplementary fuel shall use such capability to the maximum extent practicable.
  - (3)
    - (A) After the date specified in any applicable guidelines prepared pursuant to [subsection (e)](#e) of this section, contracting officers shall require that vendors:
      - (i) certify that the percentage of [recovered materials](#h) to be used in the performance of the contract will be at least the amount required by applicable specifications or other contractual requirements and
      - (ii) estimate the percentage of the total material utilized for the performance of the contract which is [recovered materials](#h).
    - (B) [Clause (ii)](#c-3-A-ii) of subparagraph (A) applies only to a contract in an amount greater than $100,000.
- (d) **Specifications—** All [Federal agencies](/usc/42/6903.md?p=4) that have the responsibility for drafting or reviewing specifications for [procurement items](/usc/42/6903.md?p=16) procured by [Federal agencies](/usc/42/6903.md?p=4) shall—
  - (1) as expeditiously as possible but in any event no later than eighteen months after November 8, 1984, eliminate from such specifications—
    - (A) any exclusion of [recovered materials](#h) and
    - (B) any requirement that items be manufactured from [virgin materials](/usc/42/6903.md?p=35); and
  - (2) within one year after the date of publication of applicable guidelines under [subsection (e)](#e), or as otherwise specified in such guidelines, assure that such specifications require the use of [recovered materials](#h) to the maximum extent possible without jeopardizing the intended end use of the item.
- (e) **Guidelines—** The [Administrator](/usc/42/6903.md?p=1), after consultation with the [Administrator](/usc/42/6903.md?p=1) of General Services, the [Secretary](/usc/42/242q–4.md?p=2) of [Commerce](/usc/42/6311.md?p=7) (acting through the National Institute of [Standards](/usc/42/1320d.md?p=7) and Technology), and the [Director](/usc/42/5061.md?p=1) of the Government Publishing Office, shall prepare, review not less frequently than once every 5 years, and, if appropriate, revise, in consultation with recyclers and [manufacturers](/usc/42/300aa–33.md?p=3) of products containing recycled content, not later than 2 years after the completion of the initial review after November 15, 2021, and thereafter, as appropriate, guidelines for the use of [procuring agencies](/usc/42/6903.md?p=17) in complying with the requirements of this section. Such guidelines shall—
  - (1) designate those items which are or can be produced with [recovered materials](#h) and whose procurement by [procuring agencies](/usc/42/6903.md?p=17) will carry out the objectives of this section, and in the case of paper, provide for maximizing the use of post consumer [recovered materials](#h) referred to in [subsection (h)(1)](#h-1); and
  - (2) set forth recommended [practices](/usc/42/17061.md?p=19) with respect to the procurement of [recovered materials](#h) and items containing such materials and with respect to certification by vendors of the percentage of [recovered materials](#h) used,

  and shall provide information as to the availability, relative price, and performance of such materials and items and where appropriate shall recommend the level of [recovered material](/usc/42/6903.md?p=19) to be contained in the procured product. The [Administrator](/usc/42/6903.md?p=1) shall prepare final guidelines for paper within one hundred and eighty days after November 8, 1984, and for three additional product [categories](/usc/42/1395w–4.md?p=j-1) (including tires) by October 1, 1985. In making the designation under [paragraph (1)](#e-1), the [Administrator](/usc/42/6903.md?p=1) shall consider, but is not limited in his considerations, to—

  - (A) the availability of such items;
  - (B) the impact of the procurement of such items by [procuring agencies](/usc/42/6903.md?p=17) on the volume of [solid waste](/usc/42/6903.md?p=27) which must be treated, stored or disposed of;
  - (C) the economic and technological feasibility of producing and using such items; and
  - (D) other uses for such [recovered materials](#h).
- (f) **Procurement of services—** A [procuring agency](/usc/42/6903.md?p=17) shall, to the maximum extent practicable, manage or arrange for the procurement of [solid waste management](/usc/42/6903.md?p=28) services in a manner which maximizes [energy](/usc/42/6311.md?p=7) and [resource recovery](/usc/42/6903.md?p=22).
- (g) **Executive Office—** The [Office](/usc/42/3058f.md?p=1) of Procurement Policy in the Executive [Office](/usc/42/3058f.md?p=1) of the President, in cooperation with the [Administrator](/usc/42/6903.md?p=1), shall implement the requirements of this section. It shall be the responsibility of the [Office](/usc/42/3058f.md?p=1) of Procurement Policy to coordinate this policy with other policies for Federal procurement, in such a way as to maximize the use of [recovered resources](/usc/42/6903.md?p=20), and to, every two years beginning in 1984, report to the Congress on actions taken by [Federal agencies](/usc/42/6903.md?p=4) and the progress made in the [implementation](/usc/42/6903.md?p=8) of this section, including agency compliance with [subsection (d)](#d).
- (h) **“Recovered materials” defined—** As used in this section, in the case of paper products, the term “recovered materials” includes—
  - (1) postconsumer materials such as—
    - (A) paper, paperboard, and fibrous wastes from retail stores, [office](/usc/42/3058f.md?p=1) [buildings](/usc/42/6881.md?p=i-3), homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; [mixed waste](/usc/42/6903.md?p=41) paper; tabulating cards; and used cordage; and
    - (B) all paper, paperboard, and fibrous wastes that enter and are collected from [municipal solid waste](/usc/42/7546.md?p=a-1), and
  - (2) manufacturing, forest residues, and other wastes such as—
    - (A) dry paper and paperboard waste generated after completion of the papermaking process (that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller rolls or rough sheets) including: envelope cuttings, bindery trimmings, and other paper and paperboard waste, resulting from printing, cutting, forming, and other converting operations; bag, box, and carton manufacturing wastes; and butt rolls, mill wrappers, and rejected unused stock; and
    - (B) finished paper and paperboard from obsolete [inventories](/usc/42/4370m.md?p=14) of paper and paperboard [manufacturers](/usc/42/300aa–33.md?p=3), merchants, wholesalers, dealers, printers, converters, or others;
    - (C) fibrous byproducts of harvesting, manufacturing, extractive, or wood-cutting processes, flax, straw, linters, bagasse, slash, and other forest residues;
    - (D) wastes generated by the conversion of goods made from fibrous material (that is, waste rope from cordage [manufacture](/usc/42/300aa–33.md?p=3), 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)](#e), each [procuring agency](/usc/42/6903.md?p=17) shall develop an affirmative procurement [program](/usc/42/274l–1.md?p=4) which will assure that items composed of [recovered materials](#h) will be purchased to the maximum extent practicable and which is consistent with applicable provisions of Federal procurement law.
  - (2) Each affirmative procurement [program](/usc/42/274l–1.md?p=4) required under this subsection shall, at a minimum, contain—
    - (A) a [recovered materials](#h) preference [program](/usc/42/274l–1.md?p=4);
    - (B) an agency promotion [program](/usc/42/274l–1.md?p=4) to promote the preference [program](/usc/42/274l–1.md?p=4) adopted under [subparagraph (A)](#i-2-A);
    - (C) a [program](/usc/42/274l–1.md?p=4) for requiring estimates of the total percentage of [recovered material](/usc/42/6903.md?p=19) utilized in the performance of a contract; certification of minimum [recovered material](/usc/42/6903.md?p=19) content actually utilized, where appropriate; and reasonable verification procedures for estimates and certifications; and
    - (D) annual review and monitoring of the effectiveness of an agency’s affirmative procurement [program](/usc/42/274l–1.md?p=4).

    In the case of paper, the [recovered materials](#h) preference [program](/usc/42/274l–1.md?p=4) required under [subparagraph (A)](#i-2-A) shall provide for the maximum use of the post consumer [recovered materials](#h) referred to in [subsection (h)(1)](#h-1).

  - (3) In developing the preference [program](/usc/42/274l–1.md?p=4), the following options shall be considered for adoption:
    - (A) Case-by-Case Policy Development: Subject to the limitations of [subsection (c)(1)(A) through (C)](#c-1-A..c-1-C), a policy of awarding contracts to the vendor offering an item composed of the highest percentage of [recovered materials](#h) practicable (and in the case of paper, the highest percentage of the post consumer [recovered materials](#h) referred to in [subsection (h)(1)](#h-1)). Subject to such limitations, agencies may make an award to a vendor offering items with less than the maximum [recovered materials](#h) content.
    - (B) Minimum Content [Standards](/usc/42/1320d.md?p=7): Minimum [recovered materials](#h) content specifications which are set in such a way as to assure that the [recovered materials](#h) content (and in the case of paper, the content of post consumer materials referred to in [subsection (h)(1)](#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)](#c-1-A..c-1-C).

    [Procuring agencies](/usc/42/6903.md?p=17) shall adopt one of the options set forth in subparagraphs [(A)](#i-3-A) and [(B)](#i-3-B) or a substantially equivalent alternative, for inclusion in the affirmative procurement [program](/usc/42/274l–1.md?p=4).

- (j) **Consultation and provision of information by Administrator—** The [Administrator](/usc/42/6903.md?p=1) shall—
  - (1) consult with each [procuring agency](/usc/42/6903.md?p=17), including contractors of the [procuring agency](/usc/42/6903.md?p=17), to clarify the responsibilities of the [procuring agency](/usc/42/6903.md?p=17) under this section; and
  - (2) provide to each [procuring agency](/usc/42/6903.md?p=17) information on the requirements under this section and the responsibilities of the [procuring agency](/usc/42/6903.md?p=17) under this section.
- (k) **Reports—** The [Administrator](/usc/42/6903.md?p=1), in consultation with the [Administrator](/usc/42/6903.md?p=1) of General Services, shall submit to Congress an annual report describing—
  - (1) the quantity of federally procured recycled products listed in the guidelines under [subsection (e)](#e); and
  - (2) with respect to the products described in [paragraph (1)](#k-1), the percentage of recycled material in each product.

# §6963. Cooperation with Environmental Protection Agency

- (a) **General rule—** All [Federal agencies](/usc/42/6903.md?p=4) shall assist the [Administrator](/usc/42/6903.md?p=1) in carrying out his functions under this chapter and shall promptly make available all requested information concerning past or present Agency waste management [practices](/usc/42/17061.md?p=19) and past or present Agency owned, leased, or operated solid or [hazardous waste](/usc/42/6903.md?p=5) [facilities](/usc/42/11049.md?p=4). This information shall be provided in such format as may be determined by the [Administrator](/usc/42/6903.md?p=1).
- (b) **Information relating to energy and materials conservation and recovery—** The [Administrator](/usc/42/6903.md?p=1) shall collect, maintain, and disseminate information concerning the market potential of [energy](/usc/42/6311.md?p=7) and materials recovered from [solid waste](/usc/42/6903.md?p=27), including materials obtained through source separation, and information concerning the savings potential of conserving resources contributing to the waste stream. The [Administrator](/usc/42/6903.md?p=1) shall identify the regions in which the increased substitution of such [energy](/usc/42/6311.md?p=7) for [energy](/usc/42/6311.md?p=7) derived from fossil fuels and other sources is most likely to be feasible, and provide information on the technical and economic aspects of developing integrated [resource conservation](/usc/42/6903.md?p=21) or recovery systems which provide for the recovery of source-separated materials to be recycled or the conservation of resources. The [Administrator](/usc/42/6903.md?p=1) shall utilize the authorities of [subsection (a)](#a) in carrying out this subsection.

# §6964. Applicability of solid waste disposal guidelines to Executive agencies

- (a) **Compliance—**
  - (1) If—
    - (A) an Executive agency (as defined in [section 105 of title 5](/usc/5/105.md)) or any [unit](/usc/42/1395w–114b.md?p=g-2) of the legislative branch of the Federal Government has jurisdiction over any real property or [facility](/usc/42/11049.md?p=4) the operation or administration of which involves such agency in [solid waste management](/usc/42/6903.md?p=28) activities, or
    - (B) such an agency enters into a contract with any [person](/usc/42/6903.md?p=15) for the operation by such [person](/usc/42/6903.md?p=15) of any Federal property or [facility](/usc/42/11049.md?p=4), and the performance of such contract involves such [person](/usc/42/6903.md?p=15) in [solid waste management](/usc/42/6903.md?p=28) activities,

    then such agency shall insure compliance with the guidelines recommended under [section 6907 of this title](/usc/42/6907.md) and the purposes of this chapter in the operation or administration of such property or [facility](/usc/42/11049.md?p=4), or the performance of such contract, as the case may be.

  - (2) Each Executive agency or any [unit](/usc/42/1395w–114b.md?p=g-2) of the legislative branch of the Federal Government which conducts any activity—
    - (A) which [generates](/usc/42/2021b.md?p=8) [solid waste](/usc/42/6903.md?p=27), and
    - (B) which, if conducted by a [person](/usc/42/6903.md?p=15) other than such agency, would require a permit or license from such agency in order to dispose of such [solid waste](/usc/42/6903.md?p=27),

    shall insure compliance with such guidelines and the purposes of this chapter in conducting such activity.

  - (3) Each Executive agency which permits the use of Federal property for purposes of [disposal](/usc/42/6903.md?p=3) of [solid waste](/usc/42/6903.md?p=27) shall insure compliance with such guidelines and the purposes of this chapter in the [disposal](/usc/42/6903.md?p=3) of such waste.
  - (4) The President or the Committee on House Oversight of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committee on Rules and Administration of the Senate with regard to any [unit](/usc/42/1395w–114b.md?p=g-2) of the legislative branch of the Federal Government shall prescribe regulations to carry out this subsection.
- (b) **Licenses and permits—** Each Executive agency which issues any license or permit for [disposal](/usc/42/6903.md?p=3) of [solid waste](/usc/42/6903.md?p=27) shall, prior to the issuance of such license or permit, consult with the [Administrator](/usc/42/6903.md?p=1) to insure compliance with guidelines recommended under [section 6907 of this title](/usc/42/6907.md) and the purposes of this chapter.

# §6965. Chief Financial Officer report


The Chief Financial Officer of each affected agency shall submit to Congress an annual report containing, to the extent practicable, a detailed description of the compliance activities undertaken by the agency for [mixed waste](/usc/42/6903.md?p=41) streams, and an accounting of the fines and penalties imposed on the agency for [violations](/usc/42/2000e–16a.md?p=c) involving [mixed waste](/usc/42/6903.md?p=41).


# §6966. Increased use of recovered mineral component in federally funded projects involving procurement of cement or concrete

- (a) **Definitions—** In this section:
  - (1) **Agency head—** The term “agency head” means—
    - (A) the [Secretary](/usc/42/242q–4.md?p=2) of Transportation; and
    - (B) the head of any other [Federal agency](/usc/42/6903.md?p=4) that, on a regular basis, procures, or provides Federal [funds](/usc/42/12854.md?p=3) to pay or assist in paying the cost of procuring, material for [cement or concrete projects](#a-2).
  - (2) **Cement or concrete project—** The term “cement or concrete project” means a [project](/usc/42/11360.md?p=20) for the [construction](/usc/42/6903.md?p=2) or maintenance of a highway or other transportation [facility](/usc/42/11049.md?p=4) or a Federal, [State](/usc/42/6903.md?p=31), or [local government](/usc/42/8401a.md) [building](/usc/42/6881.md?p=i-3) or other public [facility](/usc/42/11049.md?p=4) that—
    - (A) involves the procurement of cement or concrete; and
    - (B) is carried out, in whole or in part, using Federal [funds](/usc/42/12854.md?p=3).
  - (3) **Recovered mineral component—** The term “recovered mineral component” means—
    - (A) ground granulated blast furnace slag, excluding lead slag;
    - (B) coal combustion fly ash; and
    - (C) any other waste material or byproduct recovered or diverted from [solid waste](/usc/42/6903.md?p=27) that the [Administrator](/usc/42/6903.md?p=1), in consultation with an [agency head](#a-1), determines should be treated as [recovered mineral component](#a-3) under this section for use in [cement or concrete projects](#a-2) paid for, in whole or in part, by the [agency head](#a-1).
- (b) **Implementation of requirements—**
  - (1) **In general—** Not later than 1 year after August 8, 2005, the [Administrator](/usc/42/6903.md?p=1) and each [agency head](#a-1) shall take such actions as are necessary to implement fully all procurement requirements and incentives in effect as of August 8, 2005 (including guidelines under [section 6962 of this title](/usc/42/6962.md)) that provide for the use of cement and concrete incorporating [recovered mineral component](#a-3) in [cement or concrete projects](#a-2).
  - (2) **Priority—** In carrying out [paragraph (1)](#b-1), an [agency head](#a-1) shall give priority to achieving greater use of [recovered mineral component](#a-3) in [cement or concrete projects](#a-2) for which [recovered mineral components](#a-3) historically have not been used or have been used only minimally.
  - (3) **Federal procurement requirements—** The [Administrator](/usc/42/6903.md?p=1) and each [agency head](#a-1) shall carry out this subsection in accordance with [section 6962 of this title](/usc/42/6962.md).
- (c) **Full implementation study—**
  - (1) **In general—** The [Administrator](/usc/42/6903.md?p=1), in cooperation with the [Secretary](/usc/42/242q–4.md?p=2) of Transportation and the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7), shall conduct a study to determine the extent to which procurement requirements, when fully implemented in accordance with [subsection (b)](#b), may realize [energy](/usc/42/6311.md?p=7) savings and environmental benefits attainable with substitution of [recovered mineral component](#a-3) in cement used in [cement or concrete projects](#a-2).
  - (2) **Matters to be addressed—** The study shall—
    - (A) quantify—
      - (i) the extent to which [recovered mineral components](#a-3) are being substituted for Portland cement, particularly as a result of procurement requirements; and
      - (ii) the [energy](/usc/42/6311.md?p=7) savings and environmental benefits associated with the substitution;
    - (B) identify all barriers in procurement requirements to greater realization of [energy](/usc/42/6311.md?p=7) savings and environmental benefits, including barriers resulting from exceptions from the law; and
    - (C)
      - (i) identify potential mechanisms to achieve greater substitution of [recovered mineral component](#a-3) in types of [cement or concrete projects](#a-2) for which [recovered mineral components](#a-3) historically have not been used or have been used only minimally;
      - (ii) evaluate the feasibility of establishing guidelines or [standards](/usc/42/1320d.md?p=7) for optimized substitution rates of [recovered mineral component](#a-3) in those [cement or concrete projects](#a-2); and
      - (iii) identify any potential environmental or economic effects that may result from greater substitution of [recovered mineral component](#a-3) in those [cement or concrete projects](#a-2).
  - (3) **Report—** Not later than 30 months after August 8, 2005, the [Administrator](/usc/42/6903.md?p=1) shall submit to Congress a report on the study.
- (d) **Additional procurement requirements—** Unless the study conducted under [subsection (c)](#c) identifies any effects or other problems described in [subsection (c)(2)(C)(iii)](#c-2-C-iii) that warrant further review or delay, the [Administrator](/usc/42/6903.md?p=1) and each [agency head](#a-1) shall, not later than 1 year after the date on which the report under [subsection (c)(3)](#c-3) is submitted, take additional actions under this chapter to establish procurement requirements and incentives that provide for the use of cement and concrete with increased substitution of [recovered mineral component](#a-3) in the [construction](/usc/42/6903.md?p=2) and maintenance of [cement or concrete projects](#a-2)—
  - (1) to realize more fully the [energy](/usc/42/6311.md?p=7) savings and environmental benefits associated with increased substitution; and
  - (2) to eliminate barriers identified under [subsection (c)(2)(B)](#c-2-B).
- (e) **Effect of section—** Nothing in this section affects the requirements of [section 6962 of this title](/usc/42/6962.md) (including the guidelines and specifications for implementing those requirements).

# §6966a. Increased use of recovered mineral component in federally funded projects involving procurement of cement or concrete

- (a) **Definitions—** In this section:
  - (1) **Agency head—** The term “agency head” means—
    - (A) the [Secretary](/usc/42/242q–4.md?p=2) of Transportation; and
    - (B) the head of each other [Federal agency](/usc/42/6903.md?p=4) that on a regular basis procures, or provides Federal [funds](/usc/42/12854.md?p=3) to pay or assist in paying the cost of procuring, material for [cement or concrete projects](#a-2).
  - (2) **Cement or concrete project—** The term “cement or concrete project” means a [project](/usc/42/11360.md?p=20) for the [construction](/usc/42/6903.md?p=2) or maintenance of a highway or other transportation [facility](/usc/42/11049.md?p=4) or a Federal, [State](/usc/42/6903.md?p=31), or [local government](/usc/42/8401a.md) [building](/usc/42/6881.md?p=i-3) or other public [facility](/usc/42/11049.md?p=4) that—
    - (A) involves the procurement of cement or concrete; and
    - (B) is carried out in whole or in part using Federal [funds](/usc/42/12854.md?p=3).
  - (3) **Recovered mineral component—** The term “recovered mineral component” means—
    - (A) ground granulated blast furnace slag other than lead slag;
    - (B) coal combustion fly ash;
    - (C) blast furnace slag aggregate other than lead slag aggregate;
    - (D) silica fume; and
    - (E) any other waste material or byproduct recovered or diverted from [solid waste](/usc/42/6903.md?p=27) that the [Administrator](/usc/42/6903.md?p=1), in consultation with an [agency head](#a-1), determines should be treated as [recovered mineral component](#a-3) under this section for use in [cement or concrete projects](#a-2) paid for, in whole or in part, by the [agency head](#a-1).
- (b) **Implementation of requirements—**
  - (1) **In general—** Not later than 1 year after August 10, 2005, the [Administrator](/usc/42/6903.md?p=1) and each [agency head](#a-1) shall take such actions as are necessary to implement fully all procurement requirements and incentives in effect as of August 10, 2005 (including guidelines under [section 6962 of this title](/usc/42/6962.md)) that provide for the use of cement and concrete incorporating [recovered mineral component](#a-3) in [cement or concrete projects](#a-2).
  - (2) **Priority—** In carrying out [paragraph (1)](#b-1) an [agency head](#a-1) shall give priority to achieving greater use of [recovered mineral component](#a-3) in [cement or concrete projects](#a-2) for which [recovered mineral components](#a-3) historically have not been used or have been used only minimally.
  - (3) **Conformance—** The [Administrator](/usc/42/6903.md?p=1) and each [agency head](#a-1) shall carry out this subsection in accordance with [section 6962 of this title](/usc/42/6962.md).
- (c) **Full implementation study—**
  - (1) **In general—** The [Administrator](/usc/42/6903.md?p=1), in cooperation with the [Secretary](/usc/42/242q–4.md?p=2) of Transportation and the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7), shall conduct a study to determine the extent to which current procurement requirements, when fully implemented in accordance with [subsection (b)](#b), may realize [energy](/usc/42/6311.md?p=7) savings and environmental benefits attainable with substitution of [recovered mineral component](#a-3) in cement used in [cement or concrete projects](#a-2).
  - (2) **Matters to be addressed—** The study shall—
    - (A) quantify the extent to which [recovered mineral components](#a-3) are being substituted for Portland cement, particularly as a result of current procurement requirements, and the [energy](/usc/42/6311.md?p=7) savings and environmental benefits associated with that substitution;
    - (B) identify all barriers in procurement requirements to greater realization of [energy](/usc/42/6311.md?p=7) savings and environmental benefits, including barriers resulting from exceptions from current law; and
    - (C)
      - (i) identify potential mechanisms to achieve greater substitution of [recovered mineral component](#a-3) in types of [cement or concrete projects](#a-2) for which [recovered mineral components](#a-3) historically have not been used or have been used only minimally;
      - (ii) evaluate the feasibility of establishing guidelines or [standards](/usc/42/1320d.md?p=7) for optimized substitution rates of [recovered mineral component](#a-3) in those [cement or concrete projects](#a-2); and
      - (iii) identify any potential environmental or economic effects that may result from greater substitution of [recovered mineral component](#a-3) in those [cement or concrete projects](#a-2).
  - (3) **Report—** Not later than 30 months after August 10, 2005, the [Administrator](/usc/42/6903.md?p=1) shall submit to Congress a report on the study.
- (d) **Additional procurement requirements—** Unless the study conducted under [subsection (c)](#c) identifies any effects or other problems described in [subsection (c)(2)(C)(iii)](#c-2-C-iii) that warrant further review or delay, the [Administrator](/usc/42/6903.md?p=1) and each [agency head](#a-1) shall, not later than 1 year after the [release](/usc/42/9601.md?p=22) of the report in accordance with [subsection (c)(3)](#c-3), take additional actions authorized under this chapter to establish procurement requirements and incentives that provide for the use of cement and concrete with increased substitution of [recovered mineral component](#a-3) in the [construction](/usc/42/6903.md?p=2) and maintenance of [cement or concrete projects](#a-2), so as to—
  - (1) realize more fully the [energy](/usc/42/6311.md?p=7) savings and environmental benefits associated with increased substitution; and
  - (2) eliminate barriers identified under [subsection (c)](#c).
- (e) **Effect of section—** Nothing in this section affects the requirements of [section 6962 of this title](/usc/42/6962.md) (including the guidelines and specifications for implementing those requirements).

# §6966b. Use of granular mine tailings

- (a) **Mine tailings—**
  - (1) **In general—** Not later than 180 days after August 10, 2005, the [Administrator](/usc/42/6903.md?p=1), in consultation with the [Secretary](/usc/42/242q–4.md?p=2) of Transportation and heads of other [Federal agencies](/usc/42/6903.md?p=4), shall establish criteria (including an evaluation of whether to establish a numerical [standard](/usc/42/1320d.md?p=7) for concentration of lead and other [hazardous substances](/usc/42/1397h.md?p=c-4)) for the safe and environmentally protective use of granular mine tailings from the Tar Creek, Oklahoma Mining District, known as “chat”, for—
    - (A) cement or concrete [projects](/usc/42/11360.md?p=20); and
    - (B) transportation [construction](/usc/42/6903.md?p=2) [projects](/usc/42/11360.md?p=20) (including transportation [construction](/usc/42/6903.md?p=2) [projects](/usc/42/11360.md?p=20) involving the use of asphalt) that are carried out, in whole or in part, using Federal [funds](/usc/42/12854.md?p=3).
  - (2) **Requirements—** In establishing criteria under [paragraph (1)](#a-1), the [Administrator](/usc/42/6903.md?p=1) shall consider—
    - (A) the current and previous uses of granular mine tailings as an aggregate for asphalt; and
    - (B) any environmental and public health risks and benefits derived from the [removal](/usc/42/9601.md?p=23), transportation, and use in transportation [projects](/usc/42/11360.md?p=20) of granular mine tailings.
  - (3) **Public participation—** In establishing the criteria under [paragraph (1)](#a-1), the [Administrator](/usc/42/6903.md?p=1) shall solicit and consider comments from the public.
  - (4) **Applicability of criteria—** On the establishment of the criteria under [paragraph (1)](#a-1), any use of the granular mine tailings described in [paragraph (1)](#a-1) in a transportation [project](/usc/42/11360.md?p=20) that is carried out, in whole or in part, using Federal [funds](/usc/42/12854.md?p=3), shall meet the criteria established under [paragraph (1)](#a-1).
- (b) **Effect of sections—** Nothing in this section or [section 6966a of this title](/usc/42/6966a.md) affects any requirement of any law (including a regulation) in effect on August 10, 2005.

# §6966c. Best practices for battery recycling and labeling guidelines

- (a) **Definitions—** In this section:
  - (1) **Administrator—** The term “Administrator” means the Administrator of the Environmental Protection Agency.
  - (2) **Battery—** The term “battery” means a device that—
    - (A) consists of 1 or more electrochemical cells that are electrically connected; and
    - (B) is designed to store and deliver electric [energy](/usc/42/6311.md?p=7).
  - (3) **Recycling—** The term “recycling” means the series of activities—
    - (A) during which recyclable materials are processed into specification-grade commodities, and consumed as raw-material feedstock, in lieu of [virgin materials](/usc/42/6903.md?p=35), in the manufacturing of [new products](/usc/42/4902.md?p=5);
    - (B) that may include collection, processing, and brokering; and
    - (C) that result in subsequent consumption by a materials [manufacturer](/usc/42/300aa–33.md?p=3), including for the manufacturing of [new products](/usc/42/4902.md?p=5).
- (b) **Best practices for collection of batteries to be recycled—**
  - (1) **In general—** The [Administrator](#a-1) shall develop best [practices](/usc/42/17061.md?p=19) that may be implemented by [State](/usc/42/6903.md?p=31), Tribal, and [local governments](/usc/42/8401a.md) with respect to the collection of [batteries](#a-2) to be recycled in a manner that—
    - (A) to the maximum extent practicable, is technically and economically feasible for [State](/usc/42/6903.md?p=31), Tribal, and [local governments](/usc/42/8401a.md);
    - (B) is environmentally sound and safe for waste management workers; and
    - (C) optimizes the value and use of material derived from [recycling](#a-3) of [batteries](#a-2).
  - (2) **Consultation—** The [Administrator](#a-1) shall develop the best [practices](/usc/42/17061.md?p=19) described in [paragraph (1)](#b-1) in coordination with [State](/usc/42/6903.md?p=31), Tribal, and [local governments](/usc/42/8401a.md) and relevant nongovernmental and private sector entities.
  - (3) **Report—** Not later than 2 years after November 15, 2021, the [Administrator](#a-1) shall submit to Congress a report describing the best [practices](/usc/42/17061.md?p=19) developed under [paragraph (1)](#b-1).
  - (4) **Authorization of appropriations—** There is authorized to be appropriated to the [Administrator](#a-1) to carry out this subsection $10,000,000 for fiscal year 2022, to remain available until September 30, 2026.
- (c) **Voluntary labeling guidelines—**
  - (1) **In general—** There is established within the Environmental Protection Agency a [program](/usc/42/274l–1.md?p=4) (referred to in this subsection as the “[program](/usc/42/274l–1.md?p=4)”) to promote [battery](#a-2) [recycling](#a-3) through the development of—
    - (A) voluntary labeling guidelines for [batteries](#a-2); and
    - (B) other forms of communication materials for [battery](#a-2) producers and consumers about the reuse and [recycling](#a-3) of critical materials from [batteries](#a-2).
  - (2) **Purposes—** The purposes of the [program](/usc/42/274l–1.md?p=4) are to improve [battery](#a-2) collection and reduce [battery](#a-2) waste, including by—
    - (A) identifying [battery](#a-2) collection locations and increasing accessibility to those locations;
    - (B) promoting consumer education about [battery](#a-2) collection and [recycling](#a-3); and
    - (C) reducing safety concerns relating to the improper [disposal](/usc/42/6903.md?p=3) of [batteries](#a-2).
  - (3) **Other standards and law—** The [Administrator](#a-1) shall make every reasonable effort to ensure that voluntary labeling guidelines and other forms of communication materials developed under the [program](/usc/42/274l–1.md?p=4) are consistent with—
    - (A) international [battery](#a-2) labeling [standards](/usc/42/1320d.md?p=7); and
    - (B) the Mercury-Containing and Rechargeable [Battery](#a-2) Management Act ([42 U.S.C. 14301](/usc/42/14301.md) et seq.).
  - (4) **Authorization of appropriations—** There is authorized to be appropriated to the [Administrator](#a-1) to carry out this subsection $15,000,000 for fiscal year 2022, to remain available until September 30, 2026.

# §6966d. Consumer recycling education and outreach grant program; Federal procurement

- (a) **Definition of Administrator—** In this section, the term “Administrator” means the Administrator of the Environmental Protection Agency.
- (b) **Consumer recycling education and outreach grant program—**
  - (1) **In general—** The [Administrator](#a) shall establish a [program](/usc/42/274l–1.md?p=4) (referred to in this subsection as the “grant [program](/usc/42/274l–1.md?p=4)”) to award competitive grants to [eligible entities](/usc/42/296.md?p=1) to improve the effectiveness of residential and community recycling [programs](/usc/42/274l–1.md?p=4) through public education and outreach.
  - (2) **Criteria—** The [Administrator](#a) shall award grants under the grant [program](/usc/42/274l–1.md?p=4) for [projects](/usc/42/11360.md?p=20) that, by using one or more eligible activities described in [paragraph (5)](#b-5)—
    - (A) inform the public about residential or community recycling [programs](/usc/42/274l–1.md?p=4);
    - (B) provide information about the recycled materials that are accepted as part of a residential or community recycling [program](/usc/42/274l–1.md?p=4) that provides for the separate collection of residential [solid waste](/usc/42/6903.md?p=27) from recycled material; and
    - (C) increase collection rates and decrease contamination in residential and community recycling [programs](/usc/42/274l–1.md?p=4).
  - (3) **Eligible entities—**
    - (A) **In general—** An entity that is eligible to receive a grant under the grant [program](/usc/42/274l–1.md?p=4) is—
      - (i) a [State](/usc/42/6903.md?p=31);
      - (ii) a [unit of local government](/usc/42/6372.md?p=2);
      - (iii) an [Indian Tribe](/usc/42/300f.md?p=14) (as defined in [section 5304 of title 25](/usc/25/5304.md));
      - (iv) a [Native Hawaiian organization](/usc/42/280g–4c.md?p=a-6) (as defined in [section 7517 of title 20](/usc/20/7517.md));
      - (v) the Department of Hawaiian Home Lands;
      - (vi) the [Office](/usc/42/3058f.md?p=1) of Hawaiian Affairs;
      - (vii) a nonprofit organization; or
      - (viii) a public-private partnership.
    - (B) **Coordination of activities—** 2 or more entities described in [subparagraph (A)](#b-3-A) may receive a grant under the grant [program](/usc/42/274l–1.md?p=4) to coordinate the provision of information to residents that may access 2 or more residential recycling [programs](/usc/42/274l–1.md?p=4), including [programs](/usc/42/274l–1.md?p=4) that accept different recycled materials, to provide to the residents information regarding differences among those residential recycling [programs](/usc/42/274l–1.md?p=4).
  - (4) **Requirement—**
    - (A) **In general—** To receive a grant under the grant [program](/usc/42/274l–1.md?p=4), an [eligible entity](/usc/42/256a.md?p=l-1) shall demonstrate to the [Administrator](#a) that the [grant funds](/usc/42/5106a.md?p=f-1-B) will be used to encourage the collection of recycled materials that are sold to an existing or developing market.
    - (B) **Business plans and financial data—**
      - (i) **In general—** An [eligible entity](/usc/42/256a.md?p=l-1) may make a [demonstration](/usc/42/6903.md?p=2A) under [subparagraph (A)](#b-4-A) through the submission to the [Administrator](#a) of appropriate business plans and financial data.
      - (ii) **Confidentiality—** The [Administrator](#a) shall treat any business plans or financial data received under [clause (i)](#b-4-B-i) as confidential information.
  - (5) **Eligible activities—** An [eligible entity](/usc/42/256a.md?p=l-1) that receives a grant under the grant [program](/usc/42/274l–1.md?p=4) may use the [grant funds](/usc/42/5106a.md?p=f-1-B) for activities including—
    - (A) public service announcements;
    - (B) a door-to-door education and outreach campaign;
    - (C) social media and digital outreach;
    - (D) an advertising campaign on recycling awareness;
    - (E) the development and dissemination of—
      - (i) a toolkit for a municipal and commercial recycling [program](/usc/42/274l–1.md?p=4);
      - (ii) information on the importance of quality in the recycling stream;
      - (iii) information on the economic and environmental benefits of recycling; and
      - (iv) information on what happens to materials after the materials are placed into a residential or community recycling [program](/usc/42/274l–1.md?p=4);
    - (F) businesses recycling outreach;
    - (G) bin, cart, and other receptacle labeling and signs; and
    - (H) such other activities that the [Administrator](#a) determines are appropriate to carry out the purposes of this subsection.
  - (6) **Prohibition on use of funds—** No [funds](/usc/42/12854.md?p=3) may be awarded under the grant [program](/usc/42/274l–1.md?p=4) for a residential recycling [program](/usc/42/274l–1.md?p=4) that—
    - (A) does not provide for the separate collection of residential [solid waste](/usc/42/6903.md?p=27) (as defined in [section 246.101 of title 40, Code of Federal Regulations](/cfr/40/246.101.md) (as in effect on November 15, 2021)) from recycled material (as defined in that section), unless the [funds](/usc/42/12854.md?p=3) are used to promote a transition to a system that separately collects recycled materials; or
    - (B) promotes the establishment of, or conversion to, a residential collection system that does not provide for the separate collection of residential [solid waste](/usc/42/6903.md?p=27) from recycled material (as those terms are defined under [subparagraph (A)](#b-6-A)).
  - (7) **Model recycling program toolkit—**
    - (A) **In general—** In carrying out the grant [program](/usc/42/274l–1.md?p=4), the [Administrator](#a), in consultation with other relevant [Federal agencies](/usc/42/6903.md?p=4), [States](/usc/42/6903.md?p=31), [Indian Tribes](/usc/42/300f.md?p=14), [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md), nonprofit organizations, and the private sector, shall develop a model recycling [program](/usc/42/274l–1.md?p=4) toolkit for [States](/usc/42/6903.md?p=31), [Indian Tribes](/usc/42/300f.md?p=14), and [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md) that includes, at a minimum—
      - (i) a standardized set of terms and examples that may be used to describe materials that are accepted by a residential recycling [program](/usc/42/274l–1.md?p=4);
      - (ii) information that the [Administrator](#a) determines can be widely applied across residential recycling [programs](/usc/42/274l–1.md?p=4), taking into consideration the differences in recycled materials accepted by residential recycling [programs](/usc/42/274l–1.md?p=4);
      - (iii) educational principles on best [practices](/usc/42/17061.md?p=19) for the collection and processing of recycled materials;
      - (iv) a community self-assessment guide to identify gaps in existing recycling [programs](/usc/42/274l–1.md?p=4);
      - (v) [training](/usc/42/285e–2.md?p=b-2) modules that enable [States](/usc/42/6903.md?p=31) and nonprofit organizations to provide technical assistance to [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md);
      - (vi) access to consumer educational materials that [States](/usc/42/6903.md?p=31), [Indian Tribes](/usc/42/300f.md?p=14), and [units](/usc/42/1395w–114b.md?p=g-2) of [local government](/usc/42/8401a.md) can adapt and use in recycling [programs](/usc/42/274l–1.md?p=4); and
      - (vii) a guide to measure the effectiveness of a grant received under the grant [program](/usc/42/274l–1.md?p=4), including standardized measurements for recycling rates and decreases in contamination.
    - (B) **Requirement—** In developing the standardized set of terms and examples under [subparagraph (A)(i)](#b-7-A-i), the [Administrator](#a) may not establish any requirements for—
      - (i) what materials shall be accepted by a residential recycling [program](/usc/42/274l–1.md?p=4); or
      - (ii) the labeling of products.
  - (8) **School curriculum—** The [Administrator](#a) shall provide assistance to the educational community, including nonprofit organizations, such as an organization the science, technology, engineering, and mathematics [program](/usc/42/274l–1.md?p=4) of which incorporates recycling, to promote the introduction of recycling principles and best [practices](/usc/42/17061.md?p=19) into public [school](/usc/42/6372.md?p=1) curricula.
  - (9) **Reports—**
    - (A) **To the Administrator—** Not earlier than 180 days, and not later than 2 years, after the date on which a grant under the grant [program](/usc/42/274l–1.md?p=4) is awarded to an [eligible entity](/usc/42/256a.md?p=l-1), the [eligible entity](/usc/42/256a.md?p=l-1) shall submit to the [Administrator](#a) a report describing, by using the guide developed under [paragraph (7)(A)(vii)](#b-7-A-vii)—
      - (i) the change in volume of recycled material collected through the activities funded with the grant;
      - (ii) the change in participation rate of the recycling [program](/usc/42/274l–1.md?p=4) funded with the grant;
      - (iii) the reduction of contamination in the recycling stream as a result of the activities funded with the grant; and
      - (iv) such other information as the [Administrator](#a) determines to be appropriate.
    - (B) **To Congress—** The [Administrator](#a) shall submit to Congress an annual report describing—
      - (i) the effectiveness of residential recycling [programs](/usc/42/274l–1.md?p=4) awarded [funds](/usc/42/12854.md?p=3) under the grant [program](/usc/42/274l–1.md?p=4), including statistics comparing the quantity and quality of recycled materials collected by those [programs](/usc/42/274l–1.md?p=4), as described in the reports submitted to the [Administrator](#a) under [subparagraph (A)](#b-9-A); and
      - (ii) recommendations on additional actions to improve residential recycling.
- (c) **Omitted—**
- (d) **Authorization of appropriations—**
  - (1) **In general—** There is authorized to be appropriated to the [Administrator](#a) to carry out this section and the amendments made by this section $15,000,000 for each of fiscal years 2022 through 2026.
  - (2) **Requirement—** Of the amount made available under [paragraph (1)](#d-1) for a fiscal year, not less than 20 percent shall be allocated to—
    - (A) low-[income](/usc/42/292s.md?p=c-4) communities;
    - (B) rural communities; and
    - (C) communities identified as Native American pursuant to [section 3001(9) of title 25](/usc/25/3001.md?p=9).

# §6971. Employee protection

- (a) **General—** No [person](/usc/42/6903.md?p=15) shall fire, or in any other way discriminate against, or [cause](/usc/42/9908.md?p=c-2) to be fired or discriminated against, any [employee](/usc/42/1320a–7h.md?p=e-7) or any authorized [representative](/usc/42/3058f.md?p=5) of [employees](/usc/42/1320a–7h.md?p=e-7) by reason of the fact that such [employee](/usc/42/1320a–7h.md?p=e-7) or [representative](/usc/42/3058f.md?p=5) has filed, instituted, or caused to be filed or instituted any proceeding under this chapter or under any applicable [implementation](/usc/42/6903.md?p=8) plan, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this chapter or of any applicable [implementation](/usc/42/6903.md?p=8) plan.
- (b) **Remedy—** Any [employee](/usc/42/1320a–7h.md?p=e-7) or a [representative](/usc/42/3058f.md?p=5) of [employees](/usc/42/1320a–7h.md?p=e-7) who believes that he has been fired or otherwise discriminated against by any [person](/usc/42/6903.md?p=15) in [violation](/usc/42/2000e–16a.md?p=c) of [subsection (a)](#a) of this section may, within thirty days after such alleged [violation](/usc/42/2000e–16a.md?p=c) occurs, apply to the [Secretary](/usc/42/242q–4.md?p=2) of Labor for a review of such firing or alleged discrimination. A copy of the application shall be sent to such [person](/usc/42/6903.md?p=15) who shall be the [respondent](/usc/42/2000e.md?p=n). Upon receipt of such application, the [Secretary](/usc/42/242q–4.md?p=2) of Labor shall [cause](/usc/42/9908.md?p=c-2) such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present information relating to such alleged [violation](/usc/42/2000e–16a.md?p=c). The parties shall be given written notice of the time and place of the hearing at least five days prior to the hearing. Any such hearing shall be of record and shall be subject to [section 554 of title 5](/usc/5/554.md). Upon receiving the report of such investigation, the [Secretary](/usc/42/242q–4.md?p=2) of Labor shall make findings of fact. If he finds that such [violation](/usc/42/2000e–16a.md?p=c) did occur, he shall issue a decision, incorporating an order therein and his findings, requiring the party committing such [violation](/usc/42/2000e–16a.md?p=c) to take such affirmative action to abate the [violation](/usc/42/2000e–16a.md?p=c) as the [Secretary](/usc/42/242q–4.md?p=2) of Labor deems appropriate, including, but not limited to, the rehiring or reinstatement of the [employee](/usc/42/1320a–7h.md?p=e-7) or [representative](/usc/42/3058f.md?p=5) of [employees](/usc/42/1320a–7h.md?p=e-7) to his former position with compensation. If he finds that there was no such [violation](/usc/42/2000e–16a.md?p=c), he shall issue an order denying the application. Such order issued by the [Secretary](/usc/42/242q–4.md?p=2) of Labor under this subparagraph shall be subject to judicial review in the same manner as orders and decisions of the [Administrator](/usc/42/6903.md?p=1) or subject to judicial review under this chapter.
- (c) **Costs—** Whenever an order is issued under this section to abate such [violation](/usc/42/2000e–16a.md?p=c), at the request of the applicant, a sum equal to the aggregate amount of all costs and expenses (including the attorney’s fees) as determined by the [Secretary](/usc/42/242q–4.md?p=2) of Labor, to have been reasonably incurred by the applicant for, or in connection with, the institution and prosecution of such proceedings, shall be assessed against the [person](/usc/42/6903.md?p=15) committing such [violation](/usc/42/2000e–16a.md?p=c).
- (d) **Exception—** This section shall have no application to any [employee](/usc/42/1320a–7h.md?p=e-7) who, acting without direction from his employer (or his agent) deliberately violates any requirement of this chapter.
- (e) **Employment shifts and loss—** The [Administrator](/usc/42/6903.md?p=1) shall conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of the provisions of this chapter and applicable [implementation](/usc/42/6903.md?p=8) plans, including, where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from such administration or enforcement. Any [employee](/usc/42/1320a–7h.md?p=e-7) who is discharged, or laid off, threatened with discharge or layoff, or otherwise discriminated against by any [person](/usc/42/6903.md?p=15) because of the alleged results of such administration or enforcement, or any [representative](/usc/42/3058f.md?p=5) of such [employee](/usc/42/1320a–7h.md?p=e-7), may request the [Administrator](/usc/42/6903.md?p=1) to conduct a full investigation of the matter. The [Administrator](/usc/42/6903.md?p=1) shall thereupon investigate the matter and, at the request of any party, shall hold public hearings on not less than five days’ notice, and shall at such hearings require the parties, including the employer involved, to present information relating to the actual or potential effect of such administration or enforcement on employment and on any alleged discharge, layoff, or other discrimination and the detailed reasons or justification therefor. Any such hearing shall be of record and shall be subject to [section 554 of title 5](/usc/5/554.md). Upon receiving the report of such investigation, the [Administrator](/usc/42/6903.md?p=1) shall make findings of fact as to the effect of such administration or enforcement on employment and on the alleged discharge, layoff, or discrimination and shall make such recommendations as he deems appropriate. Such report, findings, and recommendations shall be available to the public. Nothing in this subsection shall be construed to require or authorize the [Administrator](/usc/42/6903.md?p=1) or any [State](/usc/42/6903.md?p=31) to modify or withdraw any [standard](/usc/42/1320d.md?p=7), limitation, or any other requirement of this chapter or any applicable [implementation](/usc/42/6903.md?p=8) plan.
- (f) **Occupational safety and health—** In order to assist the [Secretary](/usc/42/242q–4.md?p=2) of Labor and the [Director](/usc/42/5061.md?p=1) of the National Institute for Occupational Safety and Health in carrying out their duties under the Occupational Safety and Health Act of 1970 [[29 U.S.C. 651](/usc/29/651.md) et seq.], the [Administrator](/usc/42/6903.md?p=1) shall—
  - (1) provide the following information, as such information becomes available, to the [Secretary](/usc/42/242q–4.md?p=2) and the [Director](/usc/42/5061.md?p=1):
    - (A) the identity of any [hazardous waste generation](/usc/42/6903.md?p=6), [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4) or site where cleanup is planned or underway;
    - (B) information identifying the [hazards](/usc/42/5165f.md?p=a-3) to which [persons](/usc/42/6903.md?p=15) working at a [hazardous waste generation](/usc/42/6903.md?p=6), [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4) or site or otherwise handling [hazardous waste](/usc/42/6903.md?p=5) may be exposed, the nature and extent of the exposure, and methods to protect workers from such [hazards](/usc/42/5165f.md?p=a-3); and
    - (C) incidents of worker injury or harm at a [hazardous waste generation](/usc/42/6903.md?p=6), [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33) or [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4) or site; and
  - (2) notify the [Secretary](/usc/42/242q–4.md?p=2) and the [Director](/usc/42/5061.md?p=1) of the [Administrator](/usc/42/6903.md?p=1)’s receipt of notifications under [section 6930](/usc/42/6930.md) or reports under sections [6922](/usc/42/6922.md), [6923](/usc/42/6923.md), and [6924](/usc/42/6924.md) of this title and make such notifications and reports available to the [Secretary](/usc/42/242q–4.md?p=2) and the [Director](/usc/42/5061.md?p=1).

# §6972. Citizen suits

- (a) **In general—** Except as provided in subsection [(b)](#b) or [(c)](#c) of this section, any [person](/usc/42/6903.md?p=15) may commence a civil action on his own behalf—
  - (1)
    - (A) against any [person](/usc/42/6903.md?p=15) (including (a) the [United States](/usc/42/403.md?p=k), and (b) any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in [violation](/usc/42/2000e–16a.md?p=c) of any permit, [standard](/usc/42/1320d.md?p=7), regulation, condition, requirement, prohibition, or order which has become effective pursuant to this chapter; or
    - (B) against any [person](/usc/42/6903.md?p=15), including the [United States](/usc/42/403.md?p=k) and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution, and including any past or present generator, past or present transporter, or past or present [owner or operator](/usc/42/9601.md?p=20-B) of a [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4), who has contributed or who is contributing to the past or present handling, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), transportation, or [disposal](/usc/42/6903.md?p=3) of any solid or [hazardous waste](/usc/42/6903.md?p=5) which may present an imminent and substantial endangerment to health or the environment; or
  - (2) against the [Administrator](/usc/42/6903.md?p=1) where there is alleged a failure of the [Administrator](/usc/42/6903.md?p=1) to perform any act or duty under this chapter which is not discretionary with the [Administrator](/usc/42/6903.md?p=1).

  Any action under [paragraph (a)(1)](#a-1) of this subsection shall be brought in the district court for the district in which the alleged [violation](/usc/42/2000e–16a.md?p=c) occurred or the alleged endangerment may occur. Any action brought under [paragraph (a)(2)](#a-2) of this subsection may be brought in the district court for the district in which the alleged [violation](/usc/42/2000e–16a.md?p=c) occurred or in the District Court of the District of Columbia. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce the permit, [standard](/usc/42/1320d.md?p=7), regulation, condition, requirement, prohibition, or order, referred to in [paragraph (1)(A)](#a-1-A), to restrain any [person](/usc/42/6903.md?p=15) who has contributed or who is contributing to the past or present handling, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), transportation, or [disposal](/usc/42/6903.md?p=3) of any solid or [hazardous waste](/usc/42/6903.md?p=5) referred to in [paragraph (1)(B)](#a-1-B), to order such [person](/usc/42/6903.md?p=15) to take such other action as may be necessary, or both, or to order the [Administrator](/usc/42/6903.md?p=1) to perform the act or duty referred to in [paragraph (2)](#a-2), as the case may be, and to apply any appropriate civil penalties under section [6928(a)](/usc/42/6928.md?p=a) and [(g)](/usc/42/6928.md?p=g) of this title.

- (b) **Actions prohibited—**
  - (1) No action may be commenced under [subsection (a)(1)(A)](#a-1-A) of this section—
    - (A) prior to 60 days after the plaintiff has given notice of the [violation](/usc/42/2000e–16a.md?p=c) to—
      - (i) the [Administrator](/usc/42/6903.md?p=1);
      - (ii) the [State](/usc/42/6903.md?p=31) in which the alleged [violation](/usc/42/2000e–16a.md?p=c) occurs; and
      - (iii) to any alleged violator of such permit, [standard](/usc/42/1320d.md?p=7), regulation, condition, requirement, prohibition, or order,

      except that such action may be brought immediately after such notification in the case of an action under this section respecting a [violation](/usc/42/2000e–16a.md?p=c) of subchapter III of this chapter; or

    - (B) if the [Administrator](/usc/42/6903.md?p=1) or [State](/usc/42/6903.md?p=31) has commenced and is diligently prosecuting a civil or criminal action in a court of the [United States](/usc/42/403.md?p=k) or a [State](/usc/42/6903.md?p=31) to require compliance with such permit, [standard](/usc/42/1320d.md?p=7), regulation, condition, requirement, prohibition, or order.

    In any action under [subsection (a)(1)(A)](#a-1-A) in a court of the [United States](/usc/42/403.md?p=k), any [person](/usc/42/6903.md?p=15) may intervene as a matter of right.

  - (2)
    - (A) No action may be commenced under [subsection (a)(1)(B)](#a-1-B) of this section prior to ninety days after the plaintiff has given notice of the endangerment to—
      - (i) the [Administrator](/usc/42/6903.md?p=1);
      - (ii) the [State](/usc/42/6903.md?p=31) in which the alleged endangerment may occur;
      - (iii) any [person](/usc/42/6903.md?p=15) alleged to have contributed or to be contributing to the past or present handling, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), transportation, or [disposal](/usc/42/6903.md?p=3) of any solid or [hazardous waste](/usc/42/6903.md?p=5) referred to in [subsection (a)(1)(B)](#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](/usc/42/2000e–16a.md?p=c) of subchapter III of this chapter.

    - (B) No action may be commenced under [subsection (a)(1)(B)](#a-1-B) of this section if the [Administrator](/usc/42/6903.md?p=1), in order to restrain or abate acts or conditions which may have contributed or are contributing to the activities which may present the alleged endangerment—
      - (i) has commenced and is diligently prosecuting an action under [section 6973 of this title](/usc/42/6973.md) or under section 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [[42 U.S.C. 9606](/usc/42/9606.md)],[^1]
      - (ii) is actually engaging in a [removal](/usc/42/9601.md?p=23) action under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [[42 U.S.C. 9604](/usc/42/9604.md)];
      - (iii) has incurred costs to initiate a Remedial Investigation and Feasibility Study under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [[42 U.S.C. 9604](/usc/42/9604.md)] and is diligently proceeding with a remedial action under that Act [[42 U.S.C. 9601](/usc/42/9601.md) et seq.]; or
      - (iv) has obtained a court order (including a consent decree) or issued an administrative order under section 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 980[^2] [[42 U.S.C. 9606](/usc/42/9606.md)] or [section 6973 of this title](/usc/42/6973.md) pursuant to which a responsible party is diligently conducting a [removal](/usc/42/9601.md?p=23) 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)](#b-2-B-iv), actions under [subsection (a)(1)(B)](#a-1-B) are prohibited only as to the scope and duration of the administrative order referred to in [clause (iv)](#b-2-B-iv).

    - (C) No action may be commenced under [subsection (a)(1)(B)](#a-1-B) of this section if the [State](/usc/42/6903.md?p=31), 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)](#a-1-B);
      - (ii) is actually engaging in a [removal](/usc/42/9601.md?p=23) action under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [[42 U.S.C. 9604](/usc/42/9604.md)]; or
      - (iii) has incurred costs to initiate a Remedial Investigation and Feasibility Study under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 [[42 U.S.C. 9604](/usc/42/9604.md)] and is diligently proceeding with a remedial action under that Act [[42 U.S.C. 9601](/usc/42/9601.md) et seq.].
    - (D) No action may be commenced under [subsection (a)(1)(B)](#a-1-B) by any [person](/usc/42/6903.md?p=15) (other than a [State](/usc/42/6903.md?p=31) or [local government](/usc/42/8401a.md)) with respect to the siting of a [hazardous waste](/usc/42/6903.md?p=5) [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or a [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4), nor to restrain or enjoin the issuance of a permit for such [facility](/usc/42/11049.md?p=4).
    - (E) In any action under [subsection (a)(1)(B)](#a-1-B) in a court of the [United States](/usc/42/403.md?p=k), any [person](/usc/42/6903.md?p=15) may intervene as a matter of right when the applicant [claims](/usc/42/1320a–7a.md?p=i-2) an interest relating to the subject of the action and he is so situated that the disposition of the action may, as a practical matter, impair or impede his ability to protect that interest, unless the [Administrator](/usc/42/6903.md?p=1) or the [State](/usc/42/6903.md?p=31) shows that the applicant’s interest is adequately represented by existing parties.
    - (F) Whenever any action is brought under [subsection (a)(1)(B)](#a-1-B) in a court of the [United States](/usc/42/403.md?p=k), the plaintiff shall serve a copy of the complaint on the [Attorney General](/usc/42/14902.md?p=6) of the [United States](/usc/42/403.md?p=k) and with the [Administrator](/usc/42/6903.md?p=1).
- (c) **Notice—** No action may be commenced under [paragraph (a)(2)](#a-2) of this section prior to sixty days after the plaintiff has given notice to the [Administrator](/usc/42/6903.md?p=1) that he will commence such action, except that such action may be brought immediately after such notification in the case of an action under this section respecting a [violation](/usc/42/2000e–16a.md?p=c) of subchapter III. Notice under this subsection shall be given in such manner as the [Administrator](/usc/42/6903.md?p=1) shall prescribe by regulation. Any action respecting a [violation](/usc/42/2000e–16a.md?p=c) under this chapter may be brought under this section only in the judicial district in which such alleged [violation](/usc/42/2000e–16a.md?p=c) occurs.
- (d) **Intervention—** In any action under this section the [Administrator](/usc/42/6903.md?p=1), if not a party, may intervene as a matter of right.
- (e) **Costs—** The court, in issuing any final order in any action brought pursuant to this section or [section 6976 of this title](/usc/42/6976.md), may award costs of litigation (including reasonable attorney and expert witness fees) to the prevailing or substantially prevailing party, whenever the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure.
- (f) **Other rights preserved—** Nothing in this section shall restrict any right which any [person](/usc/42/6903.md?p=15) (or class of [persons](/usc/42/6903.md?p=15)) may have under any statute or common law to seek enforcement of any [standard](/usc/42/1320d.md?p=7) or requirement relating to the management of [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5), or to seek any other relief (including relief against the [Administrator](/usc/42/6903.md?p=1) or a [State agency](/usc/42/1396r–8.md?p=k-9)).
- (g) **Transporters—** A transporter shall not be deemed to have contributed or to be contributing to the handling, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), or [disposal](/usc/42/6903.md?p=3), referred to in [subsection (a)(1)(B)](#a-1-B) taking place after such [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5) 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](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), transportation and [disposal](/usc/42/6903.md?p=3) of such waste.

# §6973. Imminent hazard

- (a) **Authority of Administrator—** Notwithstanding any other provision of this chapter, upon receipt of evidence that the past or present handling, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), transportation or [disposal](/usc/42/6903.md?p=3) of any [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5) may present an imminent and substantial endangerment to health or the environment, the [Administrator](/usc/42/6903.md?p=1) may bring suit on behalf of the [United States](/usc/42/403.md?p=k) in the appropriate district court against any [person](/usc/42/6903.md?p=15) (including any past or present generator, past or present transporter, or past or present [owner or operator](/usc/42/9601.md?p=20-B) of a [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4)) who has contributed or who is contributing to such handling, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), transportation or [disposal](/usc/42/6903.md?p=3) to restrain such [person](/usc/42/6903.md?p=15) from such handling, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), transportation, or [disposal](/usc/42/6903.md?p=3), to order such [person](/usc/42/6903.md?p=15) to take such other action as may be necessary, or both. A transporter shall not be deemed to have contributed or to be contributing to such handling, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), or [disposal](/usc/42/6903.md?p=3) taking place after such [solid waste](/usc/42/6903.md?p=27) or [hazardous waste](/usc/42/6903.md?p=5) has left the possession or control of such transporter if the transportation of such waste was under a sole contractural[^1] arrangement arising from a published tariff and acceptance for carriage by common carrier by rail and such transporter has exercised due care in the past or present handling, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), transportation and [disposal](/usc/42/6903.md?p=3) of such waste. The [Administrator](/usc/42/6903.md?p=1) shall provide notice to the affected [State](/usc/42/6903.md?p=31) of any such suit. The [Administrator](/usc/42/6903.md?p=1) may also, after notice to the affected [State](/usc/42/6903.md?p=31), take other action under this section including, but not limited to, issuing such orders as may be necessary to protect public health and the environment.
- (b) **Violations—** Any [person](/usc/42/6903.md?p=15) who willfully violates, or fails or refuses to comply with, any order of the [Administrator](/usc/42/6903.md?p=1) under [subsection (a)](#a) may, in an action brought in the appropriate [United States](/usc/42/403.md?p=k) district court to enforce such order, be fined not more than $5,000 for each day in which such [violation](/usc/42/2000e–16a.md?p=c) occurs or such failure to comply continues.
- (c) **Immediate notice—** Upon receipt of information that there is [hazardous waste](/usc/42/6903.md?p=5) at any site which has presented an imminent and substantial endangerment to human health or the environment, the [Administrator](/usc/42/6903.md?p=1) shall provide immediate notice to the appropriate [local government](/usc/42/8401a.md) agencies. In addition, the [Administrator](/usc/42/6903.md?p=1) shall require notice of such endangerment to be promptly posted at the site where the waste is located.
- (d) **Public participation in settlements—** Whenever the [United States](/usc/42/403.md?p=k) or the [Administrator](/usc/42/6903.md?p=1) proposes to covenant not to sue or to forbear from suit or to settle any [claim](/usc/42/1320a–7a.md?p=i-2) 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](/usc/42/403.md?p=k) or the [Administrator](/usc/42/6903.md?p=1) to enter into or not to enter into such Consent Decree, covenant or [agreement](/usc/42/1320b–8.md?p=a-3-A) shall not constitute a final agency action subject to judicial review under this chapter or [chapter 7](/usc/5/chptI-ch7.md) of title 5.

# §6974. Petition for regulations; public participation

- (a) **Petition—** Any [person](/usc/42/6903.md?p=15) may petition the [Administrator](/usc/42/6903.md?p=1) for the promulgation, amendment, or repeal of any regulation under this chapter. Within a reasonable time following receipt of such petition, the [Administrator](/usc/42/6903.md?p=1) shall take action with respect to such petition and shall publish notice of such action in the Federal Register, together with the reasons therefor.
- (b) **Public participation—**
  - (1) Public participation in the development, revision, [implementation](/usc/42/6903.md?p=8), and enforcement of any regulation, guideline, information, or [program](/usc/42/274l–1.md?p=4) under this chapter shall be provided for, encouraged, and assisted by the [Administrator](/usc/42/6903.md?p=1) and the [States](/usc/42/6903.md?p=31). The [Administrator](/usc/42/6903.md?p=1), in cooperation with the [States](/usc/42/6903.md?p=31), shall develop and publish minimum guidelines for public participation in such processes.
  - (2) Before the issuing of a permit to any [person](/usc/42/6903.md?p=15) with any respect to any [facility](/usc/42/11049.md?p=4) for the [treatment](/usc/42/6903.md?p=34), [storage](/usc/42/6903.md?p=33), or [disposal](/usc/42/6903.md?p=3) of [hazardous wastes](/usc/42/6903.md?p=5) under [section 6925 of this title](/usc/42/6925.md), the [Administrator](/usc/42/6903.md?p=1) shall—
    - (A) [cause](/usc/42/9908.md?p=c-2) to be published in major local newspapers of general circulation and broadcast over local radio stations notice of the agency’s intention to issue such permit, and
    - (B) transmit in writing notice of the agency’s intention to issue such permit to each [unit of local government](/usc/42/6372.md?p=2) having jurisdiction over the area in which such [facility](/usc/42/11049.md?p=4) is proposed to be located and to each [State agency](/usc/42/1396r–8.md?p=k-9) having any authority under [State](/usc/42/6903.md?p=31) law with respect to the [construction](/usc/42/6903.md?p=2) or operation of such [facility](/usc/42/11049.md?p=4).

    If within 45 days the [Administrator](/usc/42/6903.md?p=1) receives written notice of opposition to the agency’s intention to issue such permit and a request for a hearing, or if the [Administrator](/usc/42/6903.md?p=1) determines on his own [initiative](/usc/42/19131.md?p=1), he shall hold an informal public hearing (including an opportunity for presentation of written and oral views) on whether he should issue a permit for the proposed [facility](/usc/42/11049.md?p=4). Whenever possible the [Administrator](/usc/42/6903.md?p=1) shall schedule such hearing at a location convenient to the nearest population center to such proposed [facility](/usc/42/11049.md?p=4) and give notice in the aforementioned manner of the date, time, and subject matter of such hearing. No [State](/usc/42/6903.md?p=31) [program](/usc/42/274l–1.md?p=4) which provides for the issuance of permits referred to in this paragraph may be authorized by the [Administrator](/usc/42/6903.md?p=1) under [section 6926 of this title](/usc/42/6926.md) unless such [program](/usc/42/274l–1.md?p=4) provides for the notice and hearing required by the paragraph.


# §6975. Separability


If any provision of this chapter, or the application of any provision of this chapter to any [person](/usc/42/6903.md?p=15) or circumstance, is held invalid, the application of such provision to other [persons](/usc/42/6903.md?p=15) or circumstances, and the remainder of this chapter, shall not be affected thereby.


# §6976. Judicial review

- (a) **Review of final regulations and certain petitions—** Any judicial review of final regulations promulgated pursuant to this chapter and the [Administrator](/usc/42/6903.md?p=1)’s denial of any petition for the promulgation, amendment, or repeal of any regulation under this chapter shall be in accordance with [sections 701 through 706](/usc/5/701..706.md) of title 5, except that—
  - (1) a petition for review of action of the [Administrator](/usc/42/6903.md?p=1) in promulgating any regulation, or requirement under this chapter or denying any petition for the promulgation, amendment or repeal of any regulation under this chapter may be filed only in the [United States](/usc/42/403.md?p=k) Court of Appeals for the District of Columbia, and such petition shall be filed within ninety days from the date of such promulgation or denial, or after such date if such petition for review is based solely on grounds arising after such ninetieth day; action of the [Administrator](/usc/42/6903.md?p=1) with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil or criminal proceedings for enforcement; and
  - (2) in any judicial proceeding brought under this section in which review is sought of a determination under this chapter required to be made on the record after notice and opportunity for hearing, if a party seeking review under this chapter applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the information is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the [Administrator](/usc/42/6903.md?p=1), the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the [Administrator](/usc/42/6903.md?p=1), and to be adduced upon the hearing in such manner and upon such terms and conditions as the court may deem proper; the [Administrator](/usc/42/6903.md?p=1) may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file with the court such [modified](/usc/42/7501.md?p=4) or new findings and his recommendation, if any, for the [modification](/usc/42/7501.md?p=4) or setting aside of his original order, with the return of such additional evidence.
- (b) **Review of certain actions under sections 6925 and 6926 of this title—** Review of the [Administrator](/usc/42/6903.md?p=1)’s action (1) in issuing, denying, modifying, or revoking any permit under [section 6925 of this title](/usc/42/6925.md) (or in modifying or revoking any permit which is deemed to have been issued under [section 6935(d)(1)](/usc/42/6935.md?p=d-1)[^1] of this title), or (2) in granting, denying, or withdrawing [authorization](/usc/42/4370m.md?p=3) or interim [authorization](/usc/42/4370m.md?p=3) under [section 6926 of this title](/usc/42/6926.md), may be had by any interested [person](/usc/42/6903.md?p=15) in the Circuit Court of Appeals of the [United States](/usc/42/403.md?p=k) for the Federal judicial district in which such [person](/usc/42/6903.md?p=15) resides or transacts such business upon application by such [person](/usc/42/6903.md?p=15). Any such application shall be made within ninety days from the date of such issuance, denial, [modification](/usc/42/7501.md?p=4), revocation, grant, or withdrawal, or after such date only if such application is based solely on grounds which arose after such ninetieth day. Action of the [Administrator](/usc/42/6903.md?p=1) with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil or criminal proceedings for enforcement. Such review shall be in accordance with [sections 701 through 706](/usc/5/701..706.md) of title 5.

# §6977. Grants or contracts for training projects

- (a) **General authority—** The [Administrator](/usc/42/6903.md?p=1) is authorized to make grants to, and contracts with any eligible organization. For purposes of this section the term “eligible organization” means a [State](/usc/42/6903.md?p=31) or [interstate agency](/usc/42/6903.md?p=10), a [municipality](/usc/42/6903.md?p=13), educational institution, and any other organization which is capable of effectively carrying out a [project](/usc/42/11360.md?p=20) which may be funded by grant under [subsection (b)](#b) of this section.
- (b) **Purposes—**
  - (1) Subject to the provisions of [paragraph (2)](#b-2), grants or contracts may be made to pay all or a part of the costs, as may be determined by the [Administrator](/usc/42/6903.md?p=1), of any [project](/usc/42/11360.md?p=20) operated or to be operated by an [eligible organization](#a), which is designed—
    - (A) to develop, expand, or carry out a [program](/usc/42/274l–1.md?p=4) (which may combine [training](/usc/42/285e–2.md?p=b-2), education, and employment) for [training](/usc/42/285e–2.md?p=b-2) [persons](/usc/42/6903.md?p=15) for occupations involving the management, supervision, design, operation, or maintenance of [solid waste management](/usc/42/6903.md?p=28) and [resource recovery](/usc/42/6903.md?p=22) equipment and [facilities](/usc/42/11049.md?p=4); or
    - (B) to train instructors and supervisory personnel to train or supervise [persons](/usc/42/6903.md?p=15) in occupations involving the design, operation, and maintenance of [solid waste management](/usc/42/6903.md?p=28) and [resource recovery](/usc/42/6903.md?p=22) equipment and [facilities](/usc/42/11049.md?p=4).
  - (2) A grant or contract authorized by paragraph (1) of this subsection may be made only upon application to the [Administrator](/usc/42/6903.md?p=1) at such time or times and containing such information as he may prescribe, except that no such application shall be approved unless it provides for the same procedures and reports (and access to such reports and to other records) as required by section 3254a(b)(4) and (5)[^1] of this title (as in effect before October 21, 1976) with respect to applications made under such section (as in effect before October 21, 1976).

# §6978. Payments

- (a) **General rule—** Payments of grants under this chapter may be made (after necessary adjustment on account of previously made underpayments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions as the [Administrator](/usc/42/6903.md?p=1) may determine.
- (b) **Prohibition—** No grant may be made under this chapter to any private profitmaking organization.

# §6979. Labor standards


No grant for a [project](/usc/42/11360.md?p=20) of [construction](/usc/42/6903.md?p=2) under this chapter shall be made unless the [Administrator](/usc/42/6903.md?p=1) finds that the application contains or is supported by reasonable assurance that all laborers and mechanics employed by contractors or subcontractors on [projects](/usc/42/11360.md?p=20) of the type covered by sections 3141–3144, [3146](/usc/40/3146.md), and [3147](/usc/40/3147.md) of title 40, will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the [Secretary](/usc/42/242q–4.md?p=2) of Labor in accordance with those sections; and the [Secretary](/usc/42/242q–4.md?p=2) of Labor shall have with respect to the labor [standards](/usc/42/1320d.md?p=7) specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and [section 3145 of title 40](/usc/40/3145.md).


# [§6979a. Transferred — transferred]



# §6979b. Law enforcement authority


The [Attorney General](/usc/42/14902.md?p=6) of the [United States](/usc/42/403.md?p=k) shall, at the request of the [Administrator](/usc/42/6903.md?p=1) and on the basis of a showing of need, deputize qualified [employees](/usc/42/1320a–7h.md?p=e-7) of the Environmental Protection Agency to serve as special deputy [United States](/usc/42/403.md?p=k) marshals in criminal investigations with respect to [violations](/usc/42/2000e–16a.md?p=c) of the criminal provisions of this chapter.


# §6981. Research, demonstration, training, and other activities

- (a) **General authority—** The [Administrator](/usc/42/6903.md?p=1), alone or after consultation with the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7), shall conduct, and encourage, cooperate with, and render financial and other assistance to appropriate public (whether Federal, [State](/usc/42/6903.md?p=31), interstate, or local) authorities, agencies, and institutions, private agencies and institutions, and individuals in the conduct of, and promote the coordination of, research, investigations, experiments, [training](/usc/42/285e–2.md?p=b-2), [demonstrations](/usc/42/6903.md?p=2A), surveys, public education [programs](/usc/42/274l–1.md?p=4), and studies relating to—
  - (1) any adverse health and welfare effects of the [release](/usc/42/9601.md?p=22) into the environment of material present in [solid waste](/usc/42/6903.md?p=27), and methods to eliminate such effects;
  - (2) the operation and financing of [solid waste management](/usc/42/6903.md?p=28) [programs](/usc/42/274l–1.md?p=4);
  - (3) the planning, [implementation](/usc/42/6903.md?p=8), and operation of [resource recovery](/usc/42/6903.md?p=22) and [resource conservation](/usc/42/6903.md?p=21) systems and [hazardous waste management](/usc/42/6903.md?p=7) systems, including the marketing of [recovered resources](/usc/42/6903.md?p=20);
  - (4) the production of usable forms of [recovered resources](/usc/42/6903.md?p=20), including fuel, from [solid waste](/usc/42/6903.md?p=27);
  - (5) the reduction of the amount of such waste and unsalvageable waste materials;
  - (6) the development and application of new and improved methods of collecting and disposing of [solid waste](/usc/42/6903.md?p=27) and processing and recovering materials and [energy](/usc/42/6311.md?p=7) from [solid wastes](/usc/42/6903.md?p=27);
  - (7) the identification of [solid waste](/usc/42/6903.md?p=27) components and potential materials and [energy](/usc/42/6311.md?p=7) [recoverable](/usc/42/6903.md?p=18) from such waste components;
  - (8) small scale and low technology [solid waste management](/usc/42/6903.md?p=28) systems, including but not limited to, [resource recovery](/usc/42/6903.md?p=22) source separation systems;
  - (9) methods to improve the performance characteristics of resources recovered from [solid waste](/usc/42/6903.md?p=27) and the relationship of such performance characteristics to available and potentially available markets for such resources;
  - (10) improvements in land [disposal](/usc/42/6903.md?p=3) [practices](/usc/42/17061.md?p=19) for [solid waste](/usc/42/6903.md?p=27) (including [sludge](/usc/42/6903.md?p=26A)) which may reduce the adverse environmental effects of such [disposal](/usc/42/6903.md?p=3) and other aspects of [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3) on land, including means for reducing the harmful environmental effects of earlier and existing landfills, means for restoring areas damaged by such earlier or existing landfills, means for rendering landfills safe for purposes of [construction](/usc/42/6903.md?p=2) and other uses, and techniques of recovering materials and [energy](/usc/42/6311.md?p=7) from landfills;
  - (11) methods for the sound [disposal](/usc/42/6903.md?p=3) of, or recovery of resources, including [energy](/usc/42/6311.md?p=7), from, [sludge](/usc/42/6903.md?p=26A) (including [sludge](/usc/42/6903.md?p=26A) from pollution control and [treatment](/usc/42/6903.md?p=34) [facilities](/usc/42/11049.md?p=4), coal slurry pipelines, and other sources);
  - (12) methods of [hazardous waste management](/usc/42/6903.md?p=7), including methods of rendering such waste environmentally safe; and
  - (13) any adverse effects on air quality (particularly with regard to the emission of heavy metals) which result from [solid waste](/usc/42/6903.md?p=27) which is burned (either alone or in conjunction with other substances) for purposes of [treatment](/usc/42/6903.md?p=34), [disposal](/usc/42/6903.md?p=3) or [energy](/usc/42/6311.md?p=7) recovery.
- (b) **Management program—**
  - (1)
    - (A) In carrying out his functions pursuant to this chapter, and any other Federal legislation respecting [solid waste](/usc/42/6903.md?p=27) or discarded material research, development, and [demonstrations](/usc/42/6903.md?p=2A), the [Administrator](/usc/42/6903.md?p=1) shall establish a management [program](/usc/42/274l–1.md?p=4) or system to insure the coordination of all such activities and to facilitate and accelerate the process of development of sound new technology (or other discoveries) from the research phase, through development, and into the [demonstration](/usc/42/6903.md?p=2A) phase.
    - (B) The [Administrator](/usc/42/6903.md?p=1) shall (i) assist, on the basis of any research [projects](/usc/42/11360.md?p=20) which are developed with assistance under this chapter or without Federal assistance, the [construction](/usc/42/6903.md?p=2) of pilot plant [facilities](/usc/42/11049.md?p=4) for the purpose of investigating or testing the technological feasibility of any promising new fuel, [energy](/usc/42/6311.md?p=7), or [resource recovery](/usc/42/6903.md?p=22) or [resource conservation](/usc/42/6903.md?p=21) method or technology; and (ii) demonstrate each such method and technology that appears justified by an evaluation at such pilot plant stage or at a pilot plant stage developed without Federal assistance. Each such [demonstration](/usc/42/6903.md?p=2A) shall incorporate new or innovative technical advances or shall apply such advances to different circumstances and conditions, for the purpose of evaluating design concepts or to test the performance, efficiency, and economic feasibility of a particular method or technology under actual operating conditions. Each such [demonstration](/usc/42/6903.md?p=2A) shall be so planned and designed that, if successful, it can be expanded or utilized directly as a full-scale operational fuel, [energy](/usc/42/6311.md?p=7), or [resource recovery](/usc/42/6903.md?p=22) or [resource conservation](/usc/42/6903.md?p=21) [facility](/usc/42/11049.md?p=4).
  - (2) Any [energy](/usc/42/6311.md?p=7)-related research, development, or [demonstration project](/usc/42/16281.md?p=d-2) for the conversion including bioconversion, of [solid waste](/usc/42/6903.md?p=27) carried out by the Environmental Protection Agency or by the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) pursuant to this chapter or any other Act shall be administered in accordance with the May 7, 1976, Interagency [Agreement](/usc/42/1320b–8.md?p=a-3-A) between the Environmental Protection Agency and the [Energy](/usc/42/6311.md?p=7) Research and Development Administration on the Development of [Energy](/usc/42/6311.md?p=7) from [Solid Wastes](/usc/42/6903.md?p=27) and specifically, that in accordance with this [agreement](/usc/42/1320b–8.md?p=a-3-A), (A) for those [energy](/usc/42/6311.md?p=7)-related [projects](/usc/42/11360.md?p=20) of mutual interest, planning will be conducted jointly by the Environmental Protection Agency and the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7), following which [project](/usc/42/11360.md?p=20) responsibility will be assigned to one agency; (B) [energy](/usc/42/6311.md?p=7)-related portions of [projects](/usc/42/11360.md?p=20) for recovery of synthetic fuels or other forms of [energy](/usc/42/6311.md?p=7) from [solid waste](/usc/42/6903.md?p=27) shall be the responsibility of the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7); (C) the Environmental Protection Agency shall retain responsibility for the environmental, economic, and institutional aspects of [solid waste](/usc/42/6903.md?p=27) [projects](/usc/42/11360.md?p=20) and for assurance that such [projects](/usc/42/11360.md?p=20) are consistent with any applicable suggested guidelines published pursuant to [section 6907 of this title](/usc/42/6907.md), and any applicable [State](/usc/42/6903.md?p=31) or regional [solid waste management](/usc/42/6903.md?p=28) plan; and (D) any activities undertaken under provisions of sections [6982](/usc/42/6982.md) and [6983](/usc/42/6983.md) of this title as related to [energy](/usc/42/6311.md?p=7); as related to [energy](/usc/42/6311.md?p=7) or synthetic fuels recovery from waste; or as related to [energy](/usc/42/6311.md?p=7) conservation shall be accomplished through coordination and consultation with the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7).
- (c) **Authorities—**
  - (1) In carrying out [subsection (a)](#a) of this section respecting [solid waste](/usc/42/6903.md?p=27) research, studies, development, and [demonstration](/usc/42/6903.md?p=2A), except as otherwise specifically provided in [section 6984(d) of this title](/usc/42/6984.md?p=d), the [Administrator](/usc/42/6903.md?p=1) may make grants to or enter into contracts (including contracts for [construction](/usc/42/6903.md?p=2)) with, [public agencies](/usc/42/11851.md?p=8) and authorities or private [persons](/usc/42/6903.md?p=15).
  - (2) Contracts for research, development, or [demonstrations](/usc/42/6903.md?p=2A) or for both (including contracts for [construction](/usc/42/6903.md?p=2)) shall be made in accordance with and subject to the limitations provided with respect to research contracts of the military departments in section 2353[^1] of [title 10](/usc/10.md), except that the determination, approval, and certification required thereby shall be made by the [Administrator](/usc/42/6903.md?p=1).
  - (3) Any invention made or conceived in the course of, or under, any contract under this chapter shall be subject to section 9 of the Federal Nonnuclear [Energy](/usc/42/6311.md?p=7) Research and Development Act of 1974 [[42 U.S.C. 5908](/usc/42/5908.md)] to the same extent and in the same manner as inventions made or conceived in the course of contracts under such Act [[42 U.S.C. 5901](/usc/42/5901.md) et seq.], except that in applying such section, the Environmental Protection Agency shall be substituted for the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) and the words “[solid waste](/usc/42/6903.md?p=27)” shall be substituted for the word “[energy](/usc/42/6311.md?p=7)” where appropriate.
  - (4) For carrying out the purpose of this chapter the [Administrator](/usc/42/6903.md?p=1) may detail personnel of the Environmental Protection Agency to agencies eligible for assistance under this section.

# §6982. Special studies; plans for research, development, and demonstrations

- (a) **Glass and plastic—** The [Administrator](/usc/42/6903.md?p=1) shall undertake a study and publish a report on [resource recovery](/usc/42/6903.md?p=22) from glass and plastic waste, including a scientific, technological, and economic investigation of potential solutions to implement such recovery.
- (b) **Composition of waste stream—** The [Administrator](/usc/42/6903.md?p=1) shall undertake a systematic study of the composition of the [solid waste](/usc/42/6903.md?p=27) stream and of anticipated future changes in the composition of such stream and shall publish a report containing the results of such study and quantitatively evaluating the potential utility of such components.
- (c) **Priorities study—** For purposes of determining priorities for research on recovery of materials and [energy](/usc/42/6311.md?p=7) from [solid waste](/usc/42/6903.md?p=27) and developing materials and [energy](/usc/42/6311.md?p=7) recovery research, development, and [demonstration](/usc/42/6903.md?p=2A) strategies, the [Administrator](/usc/42/6903.md?p=1) shall review, and make a study of, the various existing and promising techniques of [energy](/usc/42/6311.md?p=7) recovery from [solid waste](/usc/42/6903.md?p=27) (including, but not limited to, waterwall furnace incinerators, dry shredded fuel systems, pyrolysis, densified refuse-derived fuel systems, anerobic digestion, and fuel and feedstock preparation systems). In carrying out such study the [Administrator](/usc/42/6903.md?p=1) shall investigate with respect to each such technique—
  - (1) the degree of public need for the potential results of such research, development, or [demonstration](/usc/42/6903.md?p=2A),
  - (2) the potential for research, development, and [demonstration](/usc/42/6903.md?p=2A) without Federal action, including the degree of restraint on such potential posed by the risks involved, and
  - (3) the magnitude of effort and period of time necessary to develop the technology to the point where Federal assistance can be ended.
- (d) **Small-scale and low technology study—** The [Administrator](/usc/42/6903.md?p=1) shall undertake a comprehensive study and analysis of, and publish a report on, systems of small-scale and low technology [solid waste management](/usc/42/6903.md?p=28), including household [resource recovery](/usc/42/6903.md?p=22) and [resource recovery systems](/usc/42/6903.md?p=23) which have special application to multiple dwelling [units](/usc/42/1395w–114b.md?p=g-2) and high density [housing](/usc/42/1490p–2.md?p=r-3) and [office](/usc/42/3058f.md?p=1) complexes. Such study and analysis shall include an investigation of the degree to which such systems could contribute to [energy](/usc/42/6311.md?p=7) conservation.
- (e) **Front-end source separation—** The [Administrator](/usc/42/6903.md?p=1) shall undertake research and studies concerning the compatibility of front-end source separation systems with high technology [resource recovery systems](/usc/42/6903.md?p=23) and shall publish a report containing the results of such research and studies.
- (f) **Mining waste—** The [Administrator](/usc/42/6903.md?p=1), in consultation with the [Secretary](/usc/42/242q–4.md?p=2) of the Interior, shall conduct a detailed and comprehensive study on the adverse effects of [solid wastes](/usc/42/6903.md?p=27) from active and abandoned surface and underground mines on the environment, including, but not limited to, the effects of such wastes on humans, water, air, health, welfare, and natural resources, and on the adequacy of means and measures currently employed by the mining industry, Government agencies, and others to dispose of and utilize such [solid wastes](/usc/42/6903.md?p=27) and to prevent or substantially mitigate such adverse effects. Such study shall include an analysis of—
  - (1) the sources and volume of discarded material generated per year from mining;
  - (2) present [disposal](/usc/42/6903.md?p=3) [practices](/usc/42/17061.md?p=19);
  - (3) potential dangers to human health and the environment from surface runoff of leachate and air pollution by dust;
  - (4) alternatives to current [disposal](/usc/42/6903.md?p=3) methods;
  - (5) the cost of those alternatives in terms of the impact on mine product costs; and
  - (6) potential for use of discarded material as a secondary source of the mine product.

  In furtherance of this study, the [Administrator](/usc/42/6903.md?p=1) shall, as he deems appropriate, review studies and other actions of other [Federal agencies](/usc/42/6903.md?p=4) concerning such wastes with a view toward avoiding duplication of effort and the need to expedite such study. Not later than thirty-six months after October 21, 1980, the [Administrator](/usc/42/6903.md?p=1) shall publish a report of such study and shall include appropriate findings and recommendations for Federal and non-Federal actions concerning such effects. Such report shall be submitted to the Committee on Environment and Public Works of the [United States](/usc/42/403.md?p=k) Senate and the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the [United States](/usc/42/403.md?p=k) House of [Representatives](/usc/42/3058f.md?p=5).

- (g) **Sludge—** The [Administrator](/usc/42/6903.md?p=1) shall undertake a comprehensive study and publish a report on [sludge](/usc/42/6903.md?p=26A). Such study shall include an analysis of—
  - (1) what types of [solid waste](/usc/42/6903.md?p=27) (including but not limited to sewage and pollution [treatment](/usc/42/6903.md?p=34) residues and other residues from industrial operations such as extraction of oil from shale, liquefaction and gasification of coal and coal slurry pipeline operations) shall be classified as [sludge](/usc/42/6903.md?p=26A);
  - (2) the effects of air and water pollution legislation on the creation of large volumes of [sludge](/usc/42/6903.md?p=26A);
  - (3) the amounts of [sludge](/usc/42/6903.md?p=26A) originating in each [State](/usc/42/6903.md?p=31) and in each industry producing [sludge](/usc/42/6903.md?p=26A);
  - (4) methods of [disposal](/usc/42/6903.md?p=3) of such [sludge](/usc/42/6903.md?p=26A), including the cost, efficiency, and effectiveness of such methods;
  - (5) alternative methods for the use of [sludge](/usc/42/6903.md?p=26A), including agricultural applications of [sludge](/usc/42/6903.md?p=26A) and [energy](/usc/42/6311.md?p=7) recovery from [sludge](/usc/42/6903.md?p=26A); and
  - (6) methods to reclaim areas which have been used for the [disposal](/usc/42/6903.md?p=3) of [sludge](/usc/42/6903.md?p=26A) or which have been damaged by [sludge](/usc/42/6903.md?p=26A).
- (h) **Tires—** The [Administrator](/usc/42/6903.md?p=1) shall undertake a study and publish a report respecting discarded [motor vehicle](/usc/42/13211.md?p=13) tires which shall include an analysis of the problems involved in the collection, recovery of resources including [energy](/usc/42/6311.md?p=7), and use of such tires.
- (i) **Resource recovery facilities—** The [Administrator](/usc/42/6903.md?p=1) shall conduct research and report on the economics of, and impediments, to the effective functioning of [resource recovery facilities](/usc/42/6903.md?p=24).
- (j) **Resource Conservation Committee—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) shall serve as Chairman of a Committee composed of himself, the [Secretary](/usc/42/242q–4.md?p=2) of [Commerce](/usc/42/6311.md?p=7), the [Secretary](/usc/42/242q–4.md?p=2) of Labor, the Chairman of the [Council](/usc/42/300f.md?p=9) on Environmental Quality, the [Secretary](/usc/42/242q–4.md?p=2) of Treasury, the [Secretary](/usc/42/242q–4.md?p=2) of the Interior, the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7), the Chairman of the [Council](/usc/42/300f.md?p=9) of Economic Advisors, and a [representative](/usc/42/3058f.md?p=5) of the [Office](/usc/42/3058f.md?p=1) of Management and Budget, which shall conduct a full and complete investigation and study of all aspects of the economic, social, and environmental consequences of [resource conservation](/usc/42/6903.md?p=21) with respect to—
    - (A) the appropriateness of recommended incentives and disincentives to foster [resource conservation](/usc/42/6903.md?p=21);
    - (B) the effect of existing public policies (including subsidies and economic incentives and disincentives, percentage depletion allowances, capital gains [treatment](/usc/42/6903.md?p=34) and other tax incentives and disincentives) upon [resource conservation](/usc/42/6903.md?p=21), and the likely effect of the [modification](/usc/42/7501.md?p=4) or elimination of such incentives and disincentives upon [resource conservation](/usc/42/6903.md?p=21);
    - (C) the appropriateness and feasibility of restricting the [manufacture](/usc/42/300aa–33.md?p=3) or use of [categories](/usc/42/1395w–4.md?p=j-1) of [consumer products](/usc/42/6311.md?p=7) as a [resource conservation](/usc/42/6903.md?p=21) strategy;
    - (D) the appropriateness and feasibility of employing as a [resource conservation](/usc/42/6903.md?p=21) strategy the imposition of [solid waste management](/usc/42/6903.md?p=28) charges on [consumer products](/usc/42/6311.md?p=7), which charges would reflect the costs of [solid waste management](/usc/42/6903.md?p=28) services, litter pickup, the value of [recoverable](/usc/42/6903.md?p=18) components of such product, final [disposal](/usc/42/6903.md?p=3), and any social value associated with the nonrecycling or uncontrolled [disposal](/usc/42/6903.md?p=3) of such product; and
    - (E) the need for further research, development, and [demonstration](/usc/42/6903.md?p=2A) in the area of [resource conservation](/usc/42/6903.md?p=21).
  - (2) The study required in [paragraph (1)(D)](#j-1-D) may include pilot scale [projects](/usc/42/11360.md?p=20), and shall consider and evaluate alternative strategies with respect to—
    - (A) the product [categories](/usc/42/1395w–4.md?p=j-1) on which such charges would be imposed;
    - (B) the appropriate [state](/usc/42/6903.md?p=31) in the production of such [consumer product](/usc/42/6311.md?p=7) at which to levy such charge;
    - (C) appropriate criteria for establishing such charges for each [consumer product](/usc/42/6311.md?p=7) [category](/usc/42/1395w–4.md?p=j-1);
    - (D) methods for the adjustment of such charges to reflect actions such as recycling which would reduce the overall quantities of [solid waste](/usc/42/6903.md?p=27) requiring [disposal](/usc/42/6903.md?p=3); and
    - (E) procedures for amending, modifying, or revising such charges to reflect changing conditions.
  - (3) The design for the study required in paragraph (1) of this subsection shall include timetables for the completion of the study. A preliminary report putting forth the study design shall be sent to the President and the Congress within six months following October 21, 1976, and followup reports shall be sent six months thereafter. Each recommendation resulting from the study shall include at least two alternatives to the proposed recommendation.
  - (4) The results of such investigation and study, including recommendations, shall be reported to the President and the Congress not later than two years after October 21, 1976.
  - (5) There are authorized to be appropriated not to exceed $2,000,000 to carry out this subsection.
- (k) **Airport landfills—** The [Administrator](/usc/42/6903.md?p=1) shall undertake a comprehensive study and analysis of and publish a report on systems to alleviate the [hazards](/usc/42/5165f.md?p=a-3) to aviation from birds congregating and feeding on landfills in the vicinity of airports.
- (l) **Completion of research and studies—** The [Administrator](/usc/42/6903.md?p=1) shall complete the research and studies, and submit the reports, required under subsections [(b)](#b), [(c)](#c), [(d)](#d), [(e)](#e), [(f)](#f), [(g)](#g), and [(k)](#k) not later than October 1, 1978. The [Administrator](/usc/42/6903.md?p=1) shall complete the research and studies, and submit the reports, required under subsections [(a)](#a), [(h)](#h), and [(i)](#i) not later than October 1, 1979. Upon completion, each study specified in [subsections (a) through (k)](#a..k) of this section, the [Administrator](/usc/42/6903.md?p=1) shall prepare a plan for research, development, and [demonstration](/usc/42/6903.md?p=2A) respecting the findings of the study and shall submit any legislative recommendations resulting from such study to appropriate committees of Congress.
- (m) **Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil or natural gas or geo­thermal energy—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) shall conduct a detailed and comprehensive study and submit a report on the adverse effects, if any, of drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil or natural gas or geothermal [energy](/usc/42/6311.md?p=7) on human health and the environment, including, but not limited to, the effects of such wastes on humans, water, air, health, welfare, and natural resources and on the adequacy of means and measures currently employed by the oil and gas and geothermal drilling and production industry, Government agencies, and others to dispose of and utilize such wastes and to prevent or substantially mitigate such adverse effects. Such study shall include an analysis of—
    - (A) the sources and volume of discarded material generated per year from such wastes;
    - (B) present [disposal](/usc/42/6903.md?p=3) [practices](/usc/42/17061.md?p=19);
    - (C) potential danger to human health and the environment from the surface runoff or leachate;
    - (D) documented cases which prove or have caused danger to human health and the environment from surface runoff or leachate;
    - (E) alternatives to current [disposal](/usc/42/6903.md?p=3) methods;
    - (F) the cost of such alternatives; and
    - (G) the impact of those alternatives on the exploration for, and development and production of, crude oil and natural gas or geothermal [energy](/usc/42/6311.md?p=7).

    In furtherance of this study, the [Administrator](/usc/42/6903.md?p=1) shall, as he deems appropriate, review studies and other actions of other [Federal agencies](/usc/42/6903.md?p=4) concerning such wastes with a view toward avoiding duplication of effort and the need to expedite such study. The [Administrator](/usc/42/6903.md?p=1) shall publish a report of such study and shall include appropriate findings and recommendations for Federal and non-Federal actions concerning such effects.

  - (2) The [Administrator](/usc/42/6903.md?p=1) shall complete the research and study and submit the report required under [paragraph (1)](#m-1) not later than twenty-four months from October 21, 1980. Upon completion of the study, the [Administrator](/usc/42/6903.md?p=1) shall prepare a summary of the findings of the study, a plan for research, development, and [demonstration](/usc/42/6903.md?p=2A) respecting the findings of the study, and shall submit the findings and the study, along with any recommendations resulting from such study, to the Committee on Environment and Public Works of the [United States](/usc/42/403.md?p=k) Senate and the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the [United States](/usc/42/403.md?p=k) House of [Representatives](/usc/42/3058f.md?p=5).
  - (3) There are authorized to be appropriated not to exceed $1,000,000 to carry out the provisions of this subsection.
- (n) **Materials generated from the combustion of coal and other fossil fuels—** The [Administrator](/usc/42/6903.md?p=1) shall conduct a detailed and comprehensive study and submit a report on the adverse effects on human health and the environment, if any, of the [disposal](/usc/42/6903.md?p=3) and utilization of fly ash waste, bottom ash waste, slag waste, flue gas emission control waste, and other byproduct materials generated primarily from the combustion of coal or other fossil fuels. Such study shall include an analysis of—
  - (1) the source and volumes of such material generated per year;
  - (2) present [disposal](/usc/42/6903.md?p=3) and utilization [practices](/usc/42/17061.md?p=19);
  - (3) potential danger, if any, to human health and the environment from the [disposal](/usc/42/6903.md?p=3) and reuse of such materials;
  - (4) documented cases in which danger to human health or the environment from surface runoff or leachate has been proved;
  - (5) alternatives to current [disposal](/usc/42/6903.md?p=3) methods;
  - (6) the costs of such alternatives;
  - (7) the impact of those alternatives on the use of coal and other natural resources; and
  - (8) the current and potential utilization of such materials.

  In furtherance of this study, the [Administrator](/usc/42/6903.md?p=1) shall, as he deems appropriate, review studies and other actions of other Federal and [State agencies](/usc/42/1396r–8.md?p=k-9) concerning such material and invite participation by other concerned parties, including industry and other Federal and [State agencies](/usc/42/1396r–8.md?p=k-9), with a view toward avoiding duplication of effort. The [Administrator](/usc/42/6903.md?p=1) shall publish a report on such study, which shall include appropriate findings, not later than twenty-four months after October 21, 1980. Such study and findings shall be submitted to the Committee on Environment and Public Works of the [United States](/usc/42/403.md?p=k) Senate and the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the [United States](/usc/42/403.md?p=k) House of [Representatives](/usc/42/3058f.md?p=5).

- (o) **Cement kiln dust waste—** The [Administrator](/usc/42/6903.md?p=1) shall conduct a detailed and comprehensive study of the adverse effects on human health and the environment, if any, of the [disposal](/usc/42/6903.md?p=3) of cement kiln dust waste. Such study shall include an analysis of—
  - (1) the source and volumes of such materials generated per year;
  - (2) present [disposal](/usc/42/6903.md?p=3) [practices](/usc/42/17061.md?p=19);
  - (3) potential danger, if any, to human health and the environment from the [disposal](/usc/42/6903.md?p=3) of such materials;
  - (4) documented cases in which danger to human health or the environment has been proved;
  - (5) alternatives to current [disposal](/usc/42/6903.md?p=3) methods;
  - (6) the costs of such alternatives;
  - (7) the impact of those alternatives on the use of natural resources; and
  - (8) the current and potential utilization of such materials.

  In furtherance of this study, the [Administrator](/usc/42/6903.md?p=1) shall, as he deems appropriate, review studies and other actions of other Federal and [State agencies](/usc/42/1396r–8.md?p=k-9) concerning such waste or materials and invite participation by other concerned parties, including industry and other Federal and [State agencies](/usc/42/1396r–8.md?p=k-9), with a view toward avoiding duplication of effort. The [Administrator](/usc/42/6903.md?p=1) shall publish a report of such study, which shall include appropriate findings, not later than thirty-six months after October 21, 1980. Such report shall be submitted to the Committee on Environment and Public Works of the [United States](/usc/42/403.md?p=k) Senate and the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the [United States](/usc/42/403.md?p=k) House of [Representatives](/usc/42/3058f.md?p=5).

- (p) **Materials generated from extraction, beneficiation, and processing of ores and minerals, including phosphate rock and overburden from uranium mining—** The [Administrator](/usc/42/6903.md?p=1) shall conduct a detailed and comprehensive study on the adverse effects on human health and the environment, if any, of the [disposal](/usc/42/6903.md?p=3) and utilization of [solid waste](/usc/42/6903.md?p=27) from the extraction, beneficiation, and processing of ores and minerals, including phosphate rock and overburden from uranium mining. Such study shall be conducted in conjunction with the study of mining wastes required by [subsection (f)](#f) of this section and shall include an analysis of—
  - (1) the source and volumes of such materials generated per year;
  - (2) present [disposal](/usc/42/6903.md?p=3) and utilization [practices](/usc/42/17061.md?p=19);
  - (3) potential danger, if any, to human health and the environment from the [disposal](/usc/42/6903.md?p=3) and reuse of such materials;
  - (4) documented cases in which danger to human health or the environment has been proved;
  - (5) alternatives to current [disposal](/usc/42/6903.md?p=3) methods;
  - (6) the costs of such alternatives;
  - (7) the impact of those alternatives on the use of phosphate rock and uranium ore, and other natural resources; and
  - (8) the current and potential utilization of such materials.

  In furtherance of this study, the [Administrator](/usc/42/6903.md?p=1) shall, as he deems appropriate, review studies and other actions of other Federal and [State agencies](/usc/42/1396r–8.md?p=k-9) concerning such waste or materials and invite participation by other concerned parties, including industry and other Federal and [State agencies](/usc/42/1396r–8.md?p=k-9), with a view toward avoiding duplication of effort. The [Administrator](/usc/42/6903.md?p=1) shall publish a report of such study, which shall include appropriate findings, in conjunction with the publication of the report of the study of mining wastes required to be conducted under [subsection (f)](#f) of this section. Such report and findings shall be submitted to the Committee on Environment and Public Works of the [United States](/usc/42/403.md?p=k) Senate and the Committee on [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the [United States](/usc/42/403.md?p=k) House of [Representatives](/usc/42/3058f.md?p=5).

- (q) **Authorization of appropriations—** There are authorized to be appropriated not to exceed $8,000,000 for the fiscal years 1978 and 1979 to carry out this section other than [subsection (j)](#j).
- (r) **Minimization of hazardous waste—** The [Administrator](/usc/42/6903.md?p=1) shall compile, and not later than October 1, 1986, submit to the Congress, a report on the feasibility and desirability of establishing [standards](/usc/42/1320d.md?p=7) of performance or of taking other additional actions under this chapter to require the generators of [hazardous waste](/usc/42/6903.md?p=5) to reduce the volume or quantity and toxicity of the [hazardous waste](/usc/42/6903.md?p=5) they [generate](/usc/42/2021b.md?p=8), and of establishing with respect to [hazardous wastes](/usc/42/6903.md?p=5) required management [practices](/usc/42/17061.md?p=19) or other requirements to assure such wastes are managed in ways that minimize present and future risks to human health and the environment. Such report shall include any recommendations for legislative changes which the [Administrator](/usc/42/6903.md?p=1) determines are feasible and desirable to implement the national policy established by [section 6902 of this title](/usc/42/6902.md).
- (s) **Extending landfill life and reusing landfilled areas—** The [Administrator](/usc/42/6903.md?p=1) shall conduct detailed, comprehensive studies of methods to extend the useful life of [sanitary landfills](/usc/42/6903.md?p=26) and to better use sites in which filled or closed landfills are located. Such studies shall address—
  - (1) methods to reduce the volume of materials before placement in landfills;
  - (2) more efficient systems for depositing waste in landfills;
  - (3) methods to enhance the rate of decomposition of [solid waste](/usc/42/6903.md?p=27) in landfills, in a safe and environmentally acceptable manner;
  - (4) methane production from closed landfill [units](/usc/42/1395w–114b.md?p=g-2);
  - (5) innovative uses of closed landfill sites, including use for [energy](/usc/42/6311.md?p=7) production such as solar or wind [energy](/usc/42/6311.md?p=7) and use for metals recovery;
  - (6) potential for use of sewage [treatment](/usc/42/6903.md?p=34) [sludge](/usc/42/6903.md?p=26A) in reclaiming landfilled areas; and
  - (7) methods to coordinate use of a landfill owned by one [municipality](/usc/42/6903.md?p=13) by nearby [municipalities](/usc/42/6903.md?p=13), and to establish equitable rates for such use, taking into account the need to provide future landfill capacity to replace that so used.

  The [Administrator](/usc/42/6903.md?p=1) is authorized to conduct [demonstrations](/usc/42/6903.md?p=2A) in the areas of study provided in this subsection. The [Administrator](/usc/42/6903.md?p=1) shall periodically report on the results of such studies, with the first such report not later than October 1, 1986. In carrying out this subsection, the [Administrator](/usc/42/6903.md?p=1) need not duplicate other studies which have been completed and may rely upon information which has previously been compiled.


# §6983. Coordination, collection, and dissemination of information

- (a) **Information—** The [Administrator](/usc/42/6903.md?p=1) shall develop, collect, evaluate, and coordinate information on—
  - (1) methods and costs of the collection of [solid waste](/usc/42/6903.md?p=27);
  - (2) [solid waste management](/usc/42/6903.md?p=28) [practices](/usc/42/17061.md?p=19), including data on the different management methods and the cost, operation, and maintenance of such methods;
  - (3) the amounts and percentages of resources (including [energy](/usc/42/6311.md?p=7)) that can be recovered from [solid waste](/usc/42/6903.md?p=27) by use of various [solid waste management](/usc/42/6903.md?p=28) [practices](/usc/42/17061.md?p=19) and various technologies;
  - (4) methods available to reduce the amount of [solid waste](/usc/42/6903.md?p=27) that is generated;
  - (5) existing and developing technologies for the recovery of [energy](/usc/42/6311.md?p=7) or materials from [solid waste](/usc/42/6903.md?p=27) and the costs, reliability, and risks associated with such technologies;
  - (6) hazardous [solid waste](/usc/42/6903.md?p=27), including incidents of damage resulting from the [disposal](/usc/42/6903.md?p=3) of hazardous [solid wastes](/usc/42/6903.md?p=27); inherently and potentially hazardous [solid wastes](/usc/42/6903.md?p=27); methods of neutralizing or properly disposing of hazardous [solid wastes](/usc/42/6903.md?p=27); [facilities](/usc/42/11049.md?p=4) that properly dispose of [hazardous wastes](/usc/42/6903.md?p=5);
  - (7) methods of financing [resource recovery facilities](/usc/42/6903.md?p=24) or, [sanitary landfills](/usc/42/6903.md?p=26), or hazardous [solid waste](/usc/42/6903.md?p=27) [treatment](/usc/42/6903.md?p=34) [facilities](/usc/42/11049.md?p=4), whichever is appropriate for the entity developing such [facility](/usc/42/11049.md?p=4) or landfill (taking into account the amount of [solid waste](/usc/42/6903.md?p=27) reasonably expected to be available to such entity);
  - (8) the availability of markets for the purchase of resources, either materials or [energy](/usc/42/6311.md?p=7), recovered from [solid waste](/usc/42/6903.md?p=27); and
  - (9) research and development [projects](/usc/42/11360.md?p=20) respecting [solid waste management](/usc/42/6903.md?p=28).
- (b) **Library—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) shall establish and maintain a central reference library for (A) the materials collected pursuant to [subsection (a)](#a) of this section and (B) the actual performance and cost effectiveness records and other data and information with respect to—
    - (i) the various methods of [energy](/usc/42/6311.md?p=7) and [resource recovery](/usc/42/6903.md?p=22) from [solid waste](/usc/42/6903.md?p=27),
    - (ii) the various systems and means of [resource conservation](/usc/42/6903.md?p=21),
    - (iii) the various systems and technologies for collection, transport, [storage](/usc/42/6903.md?p=33), [treatment](/usc/42/6903.md?p=34), and final disposition of [solid waste](/usc/42/6903.md?p=27), and
    - (iv) other aspects of [solid waste](/usc/42/6903.md?p=27) and hazardous [solid waste management](/usc/42/6903.md?p=28).

    Such central reference library shall also contain, but not be limited to, the model codes and model accounting systems developed under this section, the information collected under [subsection (d)](#d), and, subject to any applicable requirements of confidentiality, information respecting any aspect of [solid waste](/usc/42/6903.md?p=27) provided by officers and [employees](/usc/42/1320a–7h.md?p=e-7) of the Environmental Protection Agency which has been acquired by them in the conduct of their functions under this chapter and which may be of value to Federal, [State](/usc/42/6903.md?p=31), and local authorities and other [persons](/usc/42/6903.md?p=15).

  - (2) Information in the central reference library shall, to the extent practicable, be collated, analyzed, verified, and published and shall be made available to [State](/usc/42/6903.md?p=31) and [local governments](/usc/42/8401a.md) and other [persons](/usc/42/6903.md?p=15) at reasonable times and subject to such reasonable charges as may be necessary to defray expenses of making such information available.
- (c) **Model accounting system—** In order to assist [State](/usc/42/6903.md?p=31) and [local governments](/usc/42/8401a.md) in determining the cost and revenues associated with the collection and [disposal](/usc/42/6903.md?p=3) of [solid waste](/usc/42/6903.md?p=27) and with [resource recovery](/usc/42/6903.md?p=22) operations, the [Administrator](/usc/42/6903.md?p=1) shall develop and publish a recommended model cost and revenue accounting system applicable to the [solid waste management](/usc/42/6903.md?p=28) functions of [State](/usc/42/6903.md?p=31) and [local governments](/usc/42/8401a.md). Such system shall be in accordance with generally accepted accounting principles. The [Administrator](/usc/42/6903.md?p=1) shall periodically, but not less frequently than once every five years, review such accounting system and revise it as necessary.
- (d) **Model codes—** The [Administrator](/usc/42/6903.md?p=1) is authorized, in cooperation with appropriate [State](/usc/42/6903.md?p=31) and local agencies, to recommend model codes, ordinances, and statutes, providing for sound [solid waste management](/usc/42/6903.md?p=28).
- (e) **Information programs—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) shall implement a [program](/usc/42/274l–1.md?p=4) for the rapid dissemination of information on [solid waste management](/usc/42/6903.md?p=28), [hazardous waste management](/usc/42/6903.md?p=7), [resource conservation](/usc/42/6903.md?p=21), and methods of [resource recovery](/usc/42/6903.md?p=22) from [solid waste](/usc/42/6903.md?p=27), including the results of any relevant research, investigations, experiments, surveys, studies, or other information which may be useful in the [implementation](/usc/42/6903.md?p=8) of new or improved [solid waste management](/usc/42/6903.md?p=28) [practices](/usc/42/17061.md?p=19) and methods and information on any other technical, managerial, financial, or market aspect of [resource conservation](/usc/42/6903.md?p=21) and recovery [facilities](/usc/42/11049.md?p=4).
  - (2) The [Administrator](/usc/42/6903.md?p=1) shall develop and implement educational [programs](/usc/42/274l–1.md?p=4) to promote citizen understanding of the need for environmentally sound [solid waste management](/usc/42/6903.md?p=28) [practices](/usc/42/17061.md?p=19).
- (f) **Coordination—** In collecting and disseminating information under this section, the [Administrator](/usc/42/6903.md?p=1) shall coordinate his actions and cooperate to the maximum extent possible with [State](/usc/42/6903.md?p=31) and local authorities.
- (g) **Special restriction—** Upon request, the full range of alternative technologies, [programs](/usc/42/274l–1.md?p=4) or processes deemed feasible to meet the [resource recovery](/usc/42/6903.md?p=22) or [resource conservation](/usc/42/6903.md?p=21) needs of a jurisdiction shall be described in such a manner as to provide a sufficient evaluative basis from which the jurisdiction can make its decisions, but no officer or [employee](/usc/42/1320a–7h.md?p=e-7) of the Environmental Protection Agency shall, in an official capacity, lobby for or otherwise represent an agency position in favor of [resource recovery](/usc/42/6903.md?p=22) or [resource conservation](/usc/42/6903.md?p=21), as a policy alternative for adoption into ordinances, codes, regulations, or law by any [State](/usc/42/6903.md?p=31) or political subdivision thereof.

# §6984. Full-scale demonstration facilities

- (a) **Authority—** The [Administrator](/usc/42/6903.md?p=1) may enter into contracts with [public agencies](/usc/42/11851.md?p=8) or authorities or private [persons](/usc/42/6903.md?p=15) for the [construction](/usc/42/6903.md?p=2) and operation of a full-scale [demonstration](/usc/42/6903.md?p=2A) [facility](/usc/42/11049.md?p=4) under this chapter, or provide financial assistance in the form of grants to a full-scale [demonstration](/usc/42/6903.md?p=2A) [facility](/usc/42/11049.md?p=4) under this chapter only if the [Administrator](/usc/42/6903.md?p=1) finds that—
  - (1) such [facility](/usc/42/11049.md?p=4) or proposed [facility](/usc/42/11049.md?p=4) will demonstrate at full scale a new or significantly improved technology or process, a practical and significant improvement in [solid waste management](/usc/42/6903.md?p=28) practice, or the technological feasibility and cost effectiveness of an existing, but unproven technology, process, or practice, and will not duplicate any other Federal, [State](/usc/42/6903.md?p=31), local, or commercial [facility](/usc/42/11049.md?p=4) which has been constructed or with respect to which [construction](/usc/42/6903.md?p=2) has begun (determined as of the date action is taken by the [Administrator](/usc/42/6903.md?p=1) under this chapter),
  - (2) such contract or assistance meets the requirements of [section 6981 of this title](/usc/42/6981.md) and meets other applicable requirements of this chapter,
  - (3) such [facility](/usc/42/11049.md?p=4) will be able to comply with the guidelines published under [section 6907 of this title](/usc/42/6907.md) and with other laws and regulations for the protection of health and the environment,
  - (4) in the case of a contract for [construction](/usc/42/6903.md?p=2) or operation, such [facility](/usc/42/11049.md?p=4) is not likely to be constructed or operated by [State](/usc/42/6903.md?p=31), local, or private [persons](/usc/42/6903.md?p=15) or in the case of an application for financial assistance, such [facility](/usc/42/11049.md?p=4) is not likely to receive adequate financial assistance from other sources, and
  - (5) any Federal interest in, or assistance to, such [facility](/usc/42/11049.md?p=4) will be disposed of or terminated, with appropriate compensation, within such period of time as may be necessary to carry out the basic objectives of this chapter.
- (b) **Time limitation—** No obligation may be made by the [Administrator](/usc/42/6903.md?p=1) for financial assistance under this subchapter for any full-scale [demonstration](/usc/42/6903.md?p=2A) [facility](/usc/42/11049.md?p=4) after the date ten years after October 21, 1976. No expenditure of [funds](/usc/42/12854.md?p=3) for any such full-scale [demonstration](/usc/42/6903.md?p=2A) [facility](/usc/42/11049.md?p=4) under this subchapter may be made by the [Administrator](/usc/42/6903.md?p=1) after the date fourteen years after October 21, 1976.
- (c) **Cost sharing—**
  - (1) Wherever practicable, in constructing, operating, or providing financial assistance under this subchapter to a full-scale [demonstration](/usc/42/6903.md?p=2A) [facility](/usc/42/11049.md?p=4), the [Administrator](/usc/42/6903.md?p=1) shall endeavor to enter into [agreements](/usc/42/1320b–8.md?p=a-3-A) and make other arrangements for maximum practicable cost sharing with other Federal, [State](/usc/42/6903.md?p=31), and local agencies, private [persons](/usc/42/6903.md?p=15), or any combination thereof.
  - (2) The [Administrator](/usc/42/6903.md?p=1) shall enter into arrangements, wherever practicable and desirable, to provide monitoring of full-scale [solid waste](/usc/42/6903.md?p=27) [facilities](/usc/42/11049.md?p=4) (whether or not constructed or operated under this chapter) for purposes of obtaining information concerning the performance, and other aspects, of such [facilities](/usc/42/11049.md?p=4). Where the [Administrator](/usc/42/6903.md?p=1) provides only monitoring and evaluation instruments or personnel (or both) or [funds](/usc/42/12854.md?p=3) for such instruments or personnel and provides no other financial assistance to a [facility](/usc/42/11049.md?p=4), notwithstanding [section 6981(c)(3) of this title](/usc/42/6981.md?p=c-3), title to any invention made or conceived of in the course of developing, constructing, or operating such [facility](/usc/42/11049.md?p=4) shall not be required to vest in the [United States](/usc/42/403.md?p=k) and patents respecting such invention shall not be required to be issued to the [United States](/usc/42/403.md?p=k).
- (d) **Prohibition—** After October 21, 1976, the [Administrator](/usc/42/6903.md?p=1) shall not construct or operate any full-scale [facility](/usc/42/11049.md?p=4) (except by contract with [public agencies](/usc/42/11851.md?p=8) or authorities or private [persons](/usc/42/6903.md?p=15)).

# §6985. Special study and demonstration projects on recovery of useful energy and materials

- (a) **Studies—** The [Administrator](/usc/42/6903.md?p=1) shall conduct studies and develop recommendations for administrative or legislative action on—
  - (1) means of recovering materials and [energy](/usc/42/6311.md?p=7) from [solid waste](/usc/42/6903.md?p=27), recommended uses of such materials and [energy](/usc/42/6311.md?p=7) for national or international welfare, including identification of potential markets for such [recovered resources](/usc/42/6903.md?p=20), the impact of distribution of such resources on existing markets, and potentials for [energy](/usc/42/6311.md?p=7) conservation through [resource conservation](/usc/42/6903.md?p=21) and [resource recovery](/usc/42/6903.md?p=22);
  - (2) actions to reduce waste generation which have been taken voluntarily or in response to governmental action, and those which practically could be taken in the future, and the economic, social, and environmental consequences of such actions;
  - (3) methods of collection, separation, and containerization which will encourage efficient utilization of [facilities](/usc/42/11049.md?p=4) and contribute to more effective [programs](/usc/42/274l–1.md?p=4) of reduction, reuse, or [disposal](/usc/42/6903.md?p=3) of wastes;
  - (4) the use of Federal procurement to develop market demand for [recovered resources](/usc/42/6903.md?p=20);
  - (5) recommended incentives (including Federal grants, loans, and other assistance) and disincentives to accelerate the reclamation or recycling of materials from [solid wastes](/usc/42/6903.md?p=27), with special emphasis on [motor vehicle](/usc/42/13211.md?p=13) hulks;
  - (6) the effect of existing public policies, including subsidies and economic incentives and disincentives, percentage depletion allowances, capital gains [treatment](/usc/42/6903.md?p=34) and other tax incentives and disincentives, upon the recycling and reuse of materials, and the likely effect of the [modification](/usc/42/7501.md?p=4) or elimination of such incentives and disincentives upon the reuse, recycling and conservation of such materials;
  - (7) the necessity and method of imposing [disposal](/usc/42/6903.md?p=3) or other charges on packaging, containers, vehicles, and other manufactured goods, which charges would reflect the cost of final [disposal](/usc/42/6903.md?p=3), the value of [recoverable](/usc/42/6903.md?p=18) components of the item, and any social costs associated with nonrecycling or uncontrolled [disposal](/usc/42/6903.md?p=3) of such items; and
  - (8) the legal constraints and institutional barriers to the acquisition of land needed for [solid waste management](/usc/42/6903.md?p=28), including land for [facilities](/usc/42/11049.md?p=4) and [disposal](/usc/42/6903.md?p=3) sites;
  - (9) in consultation with the [Secretary](/usc/42/242q–4.md?p=2) of Agriculture, agricultural waste management problems and [practices](/usc/42/17061.md?p=19), the extent of reuse and recovery of resources in such wastes, the prospects for improvement, Federal, [State](/usc/42/6903.md?p=31), and local regulations governing such [practices](/usc/42/17061.md?p=19), and the economic, social, and environmental consequences of such [practices](/usc/42/17061.md?p=19); and
  - (10) in consultation with the [Secretary](/usc/42/242q–4.md?p=2) of the Interior, mining waste management problems, and [practices](/usc/42/17061.md?p=19), including an assessment of existing authorities, technologies, and economics, and the environmental and public health consequences of such [practices](/usc/42/17061.md?p=19).
- (b) **Demonstration—** The [Administrator](/usc/42/6903.md?p=1) is also authorized to carry out [demonstration projects](/usc/42/16281.md?p=d-2) to test and demonstrate methods and techniques developed pursuant to [subsection (a)](#a).
- (c) **Application of other sections—** Section [6981(b)](/usc/42/6981.md?p=b) and [(c)](/usc/42/6981.md?p=c) of this title shall be applicable to investigations, studies, and [projects](/usc/42/11360.md?p=20) carried out under this section.

# §6986. Grants for resource recovery systems and improved solid waste disposal facilities

- (a) **Authority—** The [Administrator](/usc/42/6903.md?p=1) is authorized to make grants pursuant to this section to any [State](/usc/42/6903.md?p=31), municipal, or interstate or [intermunicipal agency](/usc/42/6903.md?p=9) for the [demonstration](/usc/42/6903.md?p=2A) of [resource recovery systems](/usc/42/6903.md?p=23) or for the [construction](/usc/42/6903.md?p=2) of new or improved [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3) [facilities](/usc/42/11049.md?p=4).
- (b) **Conditions—**
  - (1) Any grant under this section for the [demonstration](/usc/42/6903.md?p=2A) of a [resource recovery system](/usc/42/6903.md?p=23) may be made only if it (A) is consistent with any plans which meet the requirements of subchapter IV of this chapter; (B) is consistent with the guidelines recommended pursuant to [section 6907 of this title](/usc/42/6907.md); (C) is designed to provide area-wide [resource recovery systems](/usc/42/6903.md?p=23) consistent with the purposes of this chapter, as determined by the [Administrator](/usc/42/6903.md?p=1), pursuant to regulations promulgated under [subsection (d)](#d) of this section; and (D) provides an equitable system for distributing the costs associated with [construction](/usc/42/6903.md?p=2), operation, and maintenance of any [resource recovery system](/usc/42/6903.md?p=23) among the users of such system.
  - (2) The Federal share for any [project](/usc/42/11360.md?p=20) to which [paragraph (1)](#b-1) applies shall not be more than 75 percent.
- (c) **Limitations—**
  - (1) A grant under this section for the [construction](/usc/42/6903.md?p=2) of a new or improved [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3) [facility](/usc/42/11049.md?p=4) may be made only if—
    - (A) a [State](/usc/42/6903.md?p=31) or interstate plan for [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3) has been adopted which applies to the area involved, and the [facility](/usc/42/11049.md?p=4) to be constructed (i) is consistent with such plan, (ii) is included in a comprehensive plan for the area involved which is satisfactory to the [Administrator](/usc/42/6903.md?p=1) for the purposes of this chapter, and (iii) is consistent with the guidelines recommended under [section 6907 of this title](/usc/42/6907.md), and
    - (B) the [project](/usc/42/11360.md?p=20) advances the [state](/usc/42/6903.md?p=31) of the art by applying new and improved techniques in reducing the environmental impact of [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3), in achieving recovery of [energy](/usc/42/6311.md?p=7) or resources, or in recycling useful materials.
  - (2) The Federal share for any [project](/usc/42/11360.md?p=20) to which [paragraph (1)](#c-1) applies shall be not more than 50 percent in the case of a [project](/usc/42/11360.md?p=20) serving an area which includes only one [municipality](/usc/42/6903.md?p=13), and not more than 75 percent in any other case.
- (d) **Regulations—**
  - (1) The [Administrator](/usc/42/6903.md?p=1) shall promulgate regulations establishing a procedure for awarding grants under this section which—
    - (A) provides that [projects](/usc/42/11360.md?p=20) will be carried out in communities of varying sizes, under such conditions as will assist in solving the community waste problems of urban-industrial centers, metropolitan regions, and rural areas, under [representative](/usc/42/3058f.md?p=5) geographic and environmental conditions; and
    - (B) provides deadlines for submission of, and action on, grant requests.
  - (2) In taking action on applications for grants under this section, consideration shall be given by the [Administrator](/usc/42/6903.md?p=1) (A) to the public benefits to be derived by the [construction](/usc/42/6903.md?p=2) and the propriety of Federal aid in making such grant; (B) to the extent applicable, to the economic and commercial viability of the [project](/usc/42/11360.md?p=20) (including contractual arrangements with the private sector to market any resources recovered); (C) to the potential of such [project](/usc/42/11360.md?p=20) for general application to community [solid waste](/usc/42/6903.md?p=27) [disposal](/usc/42/6903.md?p=3) problems; and (D) to the use by the applicant of comprehensive regional or metropolitan area planning.
- (e) **Additional limitations—** A grant under this section—
  - (1) may be made only in the amount of the Federal share of (A) the estimated total design and [construction](/usc/42/6903.md?p=2) costs, plus (B) in the case of a grant to which [subsection (b)(1)](#b-1) applies, the first-year operation and maintenance costs;
  - (2) may not be provided for land acquisition or (except as otherwise provided in paragraph (1)(B)) for operating or maintenance costs;
  - (3) may not be made until the applicant has made provision satisfactory to the [Administrator](/usc/42/6903.md?p=1) for proper and efficient operation and maintenance of the [project](/usc/42/11360.md?p=20) (subject to paragraph (1)(B)); and
  - (4) may be made subject to such conditions and requirements, in addition to those provided in this section, as the [Administrator](/usc/42/6903.md?p=1) may require to properly carry out his functions pursuant to this chapter.

  For purposes of [paragraph (1)](#e-1), the non-Federal share may be in any form, including, but not limited to, lands or interests therein needed for the [project](/usc/42/11360.md?p=20) or personal property or services, the value of which shall be determined by the [Administrator](/usc/42/6903.md?p=1).

- (f) **Single State—**
  - (1) Not more than 15 percent of the total of [funds](/usc/42/12854.md?p=3) authorized to be appropriated for any fiscal year to carry out this section shall be granted under this section for [projects](/usc/42/11360.md?p=20) in any one [State](/usc/42/6903.md?p=31).
  - (2) The [Administrator](/usc/42/6903.md?p=1) shall prescribe by regulation the manner in which this subsection shall apply to a grant under this section for a [project](/usc/42/11360.md?p=20) in an area which includes all or part of more than one [State](/usc/42/6903.md?p=31).

# §6987. Authorization of appropriations


There are authorized to be appropriated not to exceed $35,000,000 for the fiscal year 1978 to carry out the purposes of this subchapter (except for [section 6982 of this title](/usc/42/6982.md)).