---
kind: "section"
citation: "42 U.S.C. § 6939c"
title: "42"
title_heading: "The Public Health and Welfare"
number: "6939c"
heading: "Mixed waste inventory reports and plan"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/6939c"
units:
  - "Chapter 82 — Solid Waste Disposal"
  - "Subchapter III — Hazardous Waste Management"
---

# §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 shall submit to the [Administrator](/usc/42/6903.md?p=1) and to the Governor of each [State](/usc/42/6903.md?p=31) in which the Department of Energy 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 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 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 facility 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 facility 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 facility 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 facility 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 facility in each [State](/usc/42/6903.md?p=31).
    - (F) An inventory of each type of waste that has not been characterized by sampling and analysis at each Department of Energy facility in each [State](/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 facility and a description of whether the determination is based on sampling and analysis conducted on the waste or on the basis of process knowledge.
    - (H) A description of the source of each type of [mixed waste](/usc/42/6903.md?p=41) at each Department of Energy facility 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 facility 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 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 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, 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 listed in [subparagraph (C)](#a-3-C), a statement of the reasons why the unit 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 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 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. The [Secretary](/usc/42/242q–4.md?p=2) of Energy shall consider and publish the comments prior to publication of the final report.
  - (5) **Requests for additional information—** Nothing in this subsection limits or restricts the authority of [States](/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.
- (b) **Plan for development of treatment capacities and technologies—**
  - (1) **Plan requirement—**
    - (A)
      - (i) For each facility at which the Department of Energy [generates](/usc/42/2021b.md?p=8) or stores [mixed wastes](/usc/42/6903.md?p=41), except any facility subject to a permit, agreement, or order described in [clause (ii)](#b-1-A-ii), the [Secretary](/usc/42/242q–4.md?p=2) of Energy 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’s [mixed wastes](/usc/42/6903.md?p=41), regardless of the time they were generated, to the standards 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 subject to any permit establishing a schedule for [treatment](/usc/42/6903.md?p=34) of such wastes, or any existing agreement 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 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 from the Environmental Protection [Agency](/usc/42/8262.md?p=1) 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 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, 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. 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 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, or disapprove the plan within 6 months after receipt of the plan.
    - (B) For each facility 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](/usc/42/8262.md?p=1) for review and approval, modification, 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 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. 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 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, 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 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 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 to develop and submit a plan under this subsection for a facility located in the [State](/usc/42/6903.md?p=31) if the [State](/usc/42/6903.md?p=31) (i) enters into an agreement with the [Secretary](/usc/42/242q–4.md?p=2) of Energy that addresses compliance at that facility 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 and which is in effect.
    - (B) Any [violation](/usc/42/2000e–16a.md?p=c) of an agreement 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 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 shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a progress report containing the following:
      - (i) An identification, by facility, of the plans that have been submitted to [States](/usc/42/6903.md?p=31) or the [Administrator](/usc/42/6903.md?p=1) of the Environmental Protection [Agency](/usc/42/8262.md?p=1) pursuant to [subsection (b)](#b).
      - (ii) The status of [State](/usc/42/6903.md?p=31) and Environmental Protection [Agency](/usc/42/8262.md?p=1) 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 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.

## Source credit

(Pub. L. 89–272, title II, § 3021, as added Pub. L. 102–386, title I, § 105(a)(1), Oct. 6, 1992, 106 Stat. 1508.)

## Notes

### Statutory Notes and Related Subsidiaries

### Change of Name

Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

### GAO Report

Pub. L. 102–386, title I, § 105(c), Oct. 6, 1992, 106 Stat. 1512, provided that not later than 18 months after Oct. 6, 1992, the Comptroller General would submit to Congress a report, containing certain specified data, on the Department of Energy’s progress in complying with subsec. (b) of this section.