Authorizing Legislation A2

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SOLID WASTE DISPOSAL ACT

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December 31, 2002

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December 31, 2002

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SOLID WASTE DISPOSAL ACT 1
[As Amended Through P.L. 107–377, December 31, 2002]
TITLE II—SOLID WASTE DISPOSAL
Subtitle A—General Provisions
SHORT TITLE AND TABLE OF CONTENTS

SEC. 1001. This title (hereinafter in this title referred to as
‘‘this Act’’), together with the following table of contents, may be
cited as the ‘‘Solid Waste Disposal Act’’:
[42 U.S.C. 6901]
Subtitle A—General Provisions
Short title and table of contents.
Congressional findings.
Objectives.
Definitions.
Governmental cooperation.
Application of Act and integration with other Acts.
Financial disclosure.
Solid waste management information and guidelines.

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1001.
1002.
1003.
1004.
1005.
1006.
1007.
1008.

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Subtitle B—Office of Solid Waste; Authorities of the Administrator
2001. Office of Solid Waste and Interagency Coordinating Committee.
2002. Authorities of Administrator.
2003. Resource recovery and conservation panels.
2004. Grants for discarded tire disposal.
2005. Labeling of certain oil.
2006. Annual report.
2007. General authorization.
2008. Office of Ombudsman.

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3001.
3002.
3003.
3004.

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3005.
3006.
3007.
3008.
3009.
3010.
3011.
3012.
3013.
3014.
3015.

Subtitle C—Hazardous Waste Management
Identification and listing of hazardous waste.
Standards applicable to generators of hazardous waste.
Standards applicable to transporters of hazardous waste.
Standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities.
Permits for treatment, storage, or disposal of hazardous waste.
Authorized State hazardous waste programs.
Inspections.
Federal enforcement.
Retention of State authority.
Effective date.
Authorization of assistance to States.
Hazardous waste site inventory.
Monitoring, analysis, and testing.
Restrictions on recycled oil.
Expansion during interim status.

1 The Solid Waste Disposal Act (42 U.S.C. 6901–6992k) consists of title II of Public Law 89–
272 and the amendments made by subsequent enactments. This Act is popularly referred to as
the Resource Conservation and Recovery Act, after the short title of the law that amended the
Solid Waste Disposal Act in its entirety in 1976 (P.L. 94–580).

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3016.
3017.
3018.
3019.
3020.
3021.
3022.
3023.

Inventory of Federal Agency hazardous waste facilities.
Export of hazardous waste.
Domestic sewage.
Exposure information and health assessments.
Interim control of hazardous waste injection.
Mixed waste inventory reports and plan.
Public vessels.
Federally owned treatment works.

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4001.
4002.
4003.
4004.
4005.
4006.
4007.
4008.
4009.
4010.

Subtitle D—State or Regional Solid Waste Plans
Objectives of subtitle.
Federal guidelines for plans.
Minimum requirements for approval of plans.
Criteria for sanitary landfills; sanitary landfills required for all disposal.
Upgrading of open dumps.
Procedure for development and implementation of State plan.
Approval of State plan; Federal assistance.
Federal assistance.
Rural communities assistance.
Adequacy of certain guidelines and criteria.

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Subtitle E—Duties of the Secretary of Commerce in Resource and Recovery
5001. Functions.
5002. Development of specifications for secondary materials.
5003. Development of markets for recovered materials.
5004. Technology promotion.
5005. Nondiscrimination requirement.
5006. Authorization of appropriations.

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6001.
6002.
6003.
6004.

Subtitle F—Federal Responsibilities
Application of Federal, State, and local law to Federal facilities.
Federal procurement.
Cooperation with Environmental Protection Agency.
Applicability of solid waste disposal guidelines to executive agencies.

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7001.
7002.
7003.
7004.
7005.
7006.
7007.
7008.
7009.
7010.

Subtitle G—Miscellaneous Provisions
Employee protection.
Citizen suits.
Imminent hazard.
Petition for regulations; public participation.
Separability.
Judicial review.
Grants or contracts for training projects.
Payments.
Labor standards.
Law enforcement authority.

Subtitle H—Research, Development, Demonstration, and Information
8001. Research, demonstrations, training, and other activities.
8002. Special studies; plans for research, development, and demonstrations.
8003. Coordination, collection, and dissemination of information.
8004. Full-scale demonstration facilities.
8005. Special study and demonstration projects on recovery of useful energy
and materials.
Sec. 8006. Grants for resource recovery systems and improved solid waste disposal
facilities.
Sec. 8007. Authorization of appropriations.
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9001.
9002.
9003.
9004.
9005.
9006.
9007.

Subtitle I—Regulation of Underground Storage Tanks
Definitions.
Notification.
Release detection, prevention, and correction regulations.
Approval of State programs.
Inspections, monitoring, and testing.
Federal enforcement.
Federal facilities.

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Sec. 1002

Sec. 9008. State authority.
Sec. 9009. Study of underground storage tanks.
Sec. 9010. Authorization of appropriations.
Subtitle J—Demonstration Medical Waste Tracking Program
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11001.
11002.
11003.
11004.
11005.
11006.
11007.
11008.
11009.
11010.
11011.

Scope of demonstration program for medical waste.
Listing of medical wastes.
Tracking of medical waste.
Inspections.
Enforcement.
Federal facilities.
Relationship to State law.
Health impact report.
General provisions.
Effective date.
Authorization of appropriations.
CONGRESSIONAL FINDINGS

SEC. 1002. (a) SOLID WASTE.—The Congress finds with respect
to solid waste—
(1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of
consumer products 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 of living enjoyed by our
population, have required increased industrial production to
meet our needs, and have made necessary the demolition of old
buildings, the construction of new buildings, 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 of solid
wastes resulting from the industrial, commercial, domestic,
and other activities carried on in such areas;
(4) that while the collection and disposal of solid wastes
should continue to be primarily the function of State, regional,
and local agencies, the problems of waste disposal 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,
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 disposal practices.
(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 is
disposed of on land in open dumps and sanitary landfills;
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(2) disposal of solid waste and hazardous waste 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, the Water Pollution
Control Act, and other Federal and State laws respecting public health and the environment, greater amounts of solid waste
(in the form of sludge and other pollution treatment residues)
have been created. Similarly, inadequate and environmentally
unsound practices for the disposal or use of solid waste 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 will result in substantial risks to human
health and the environment;
(6) if hazardous waste management is improperly performed in the first instance, corrective action is likely to be expensive, complex, and time consuming;
(7) certain classes of land disposal facilities are not capable
of assuring long-term containment of certain hazardous wastes,
and to avoid substantial risk to human health and the environment, reliance on land disposal should be minimized or eliminated, and land disposal, particularly landfill and surface impoundment, should be the least favored method for managing
hazardous wastes; and
(8) alternatives to existing methods of land disposal must
be developed since many of the cities in the United States will
be running out of suitable solid waste disposal 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 material which could be
used are needlessly buried each year;
(2) methods are available to separate usable materials
from solid waste; and
(3) the recovery and conservation of such materials can reduce the dependence of the United States on foreign resources
and reduce the deficit in its balance of payments.
(d) ENERGY.—The Congress finds with respect to energy,
that—
(1) solid waste represents a potential source of solid fuel,
oil, or gas that can be converted into energy;
(2) the need exists to develop alternative energy 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 from solid
waste.
[42 U.S.C. 6901]
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OBJECTIVES AND NATIONAL POLICY

SEC. 1003. (a) OBJECTIVES.—The objectives of this Act are to
promote the protection of health and environment and to conserve
valuable material and energy resources by—
(1) providing technical and financial assistance to State
and local governments and interstate agencies for the development of solid waste management plans (including resource recovery and resource conservation systems) which will promote
improved solid waste management techniques (including more
effective organizational arrangements), new and improved
methods of collection, separation, and recovery of solid waste,
and the environmentally safe disposal of nonrecoverable residues;
(2) providing training grants in occupations involving the
design, operation, and maintenance of solid waste disposal systems;
(3) prohibiting future open dumping on the land and requiring the conversion of existing open dumps to facilities
which do not pose a danger to the environment or to health;
(4) assuring that hazardous waste management practices
are conducted in a manner which protects human health and
the environment;
(5) requiring that hazardous waste be properly managed in
the first instance thereby reducing the need for corrective action at a future date;
(6) minimizing the generation of hazardous waste and the
land disposal of hazardous waste by encouraging process substitution, materials recovery, properly conducted recycling and
reuse, and treatment;
(7) establishing a viable Federal-State partnership to carry
out the purposes of this Act and insuring that the Administrator will, in carrying out the provisions of subtitle C of this
Act, give a high priority to assisting and cooperating with
States in obtaining full authorization of State programs under
subtitle C;
(8) providing for the promulgation of guidelines for solid
waste collection, transport, separation, recovery, and disposal
practices and systems;
(9) promoting a national research and development program for improved solid waste management and resource conservation techniques, more effective organizational arrangements, and new and improved methods of collection, separation, and recovery, and recycling of solid wastes and environmentally safe disposal of nonrecoverable residues;
(10) promoting the demonstration, construction, and application of solid waste management, resource recovery, and resource conservation systems which preserve and enhance the
quality of air, water, and land resources; and
(11) establishing a cooperative effort among the Federal,
State, and local governments and private enterprise in order to
recover valuable materials and energy from solid waste.
(b) NATIONAL POLICY.—The Congress hereby declares it to be
the national policy of the United States that, wherever feasible, the
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generation of hazardous waste is to be reduced or eliminated as expeditiously as possible. Waste that is nevertheless generated
should be treated, stored, or disposed of so as to minimize the
present and future threat to human health and the environment.
[42 U.S.C. 6902]
DEFINITIONS

SEC. 1004. As used in this Act:
(1) The term ‘‘Administrator’’ means the Administrator of the
Environmental Protection Agency.
(2) The term ‘‘construction,’’ with respect to any project of construction under this Act, means (A) the erection or building 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, and tractors,
cranes, and other machinery) necessary for the proper utilization
and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the
project, 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, and (C) the inspection and supervision of
the process of carrying out the project 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, 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 or hazardous waste into or on any land or water so that such solid waste
or hazardous waste 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, and the Government Printing
Office.
(5) The term ‘‘hazardous waste’’ means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may—
(A) cause, 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 to
human health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise managed.
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(6) The term ‘‘hazardous waste generation’’ means the act or
process of producing hazardous waste.
(7) The term ‘‘hazardous waste management’’ means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes.
(8) For purposes of Federal financial assistance (other than
rural communities assistance), the term ‘‘implementation’’ does not
include the acquisition, leasing, construction, or modification of facilities or equipment or the acquisition, leasing, or improvement of
land.
(9) The term ‘‘intermunicipal agency’’ means an agency established by two or more municipalities with responsibility for planning or administration of solid waste.
(10) The term ‘‘interstate agency’’ means an agency of two or
more municipalities in different States, or an agency established by
two or more States, with authority to provide for the management
of solid wastes and serving two or more municipalities located in
different States.
(11) The term ‘‘long-term contract’’ means, when used in relation to solid waste supply, a contract of sufficient duration to assure the viability of a resource recovery facility (to the extent that
such viability depends upon solid waste supply).
(12) The term ‘‘manifest’’ means the form used for identifying
the quantity, composition, and the origin, routing, and destination
of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage.
(13) The term ‘‘municipality’’ (A) means a city, town, borough,
county, parish, district, or other public body created by or pursuant
to State law, with responsibility for the planning or administration
of solid waste management, or an Indian tribe or authorized tribal
organization 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 or political subdivision thereof.
(14) The term ‘‘open dump’’ means any facility or site where
solid waste is disposed of which is not a sanitary landfill which
meets the criteria promulgated under section 4004 and which is not
a facility for disposal of hazardous waste.
(15) The term ‘‘person’’ means an individual, trust, firm, joint
stock company, corporation (including a government corporation),
partnership, association, State, municipality, commission, political
subdivision of a State, or any interstate body and shall include
each department, agency, and instrumentality of the United States.
(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 made to procure such item.
(17) The term ‘‘procuring agency’’ means any Federal agency,
or any State agency or agency of a political subdivision of a State
which is using appropriated Federal funds for such procurement, or
any person contracting with any such agency with respect to work
performed under such contract.
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(18) The term ‘‘recoverable’’ refers to the capability and likelihood of being recovered from solid waste 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,
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
recovered from solid waste.
(21) The term ‘‘resource conservation’’ means reduction of the
amounts of solid waste that are generated, reduction of overall resource consumption, and utilization of recovered resources.
(22) The term ‘‘resource recovery’’ means the recovery of material or energy from solid waste.
(23) The term ‘‘resource recovery system’’ means a solid waste
management system which provides for collection, separation, recycling, and recovery of solid wastes, including disposal of nonrecoverable waste residues.
(24) The term ‘‘resource recovery facility’’ means any facility at
which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid
waste for reuse.
(25) The term ‘‘regional authority’’ means the authority established or designated under section 4006.
(26) The term ‘‘sanitary landfill’’ means a facility for the disposal of solid waste which meets the criteria published under section 4004.
(26A) The term ‘‘sludge’’ means any solid, semisolid or liquid
waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics and effects.
(27) The term ‘‘solid waste’’ means any garbage, refuse, sludge
from a waste treatment plant, water supply treatment plant, or air
pollution control facility 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 402 of the Federal Water
Pollution Control Act, as amended (86 Stat. 880), or source, special
nuclear, or byproduct material as defined by the Atomic Energy Act
of 1954, as amended (68 Stat. 923).
(28) The term ‘‘solid waste management’’ means the systematic
administration of activities which provide for the collection, source
separation, storage, transportation, transfer, processing, treatment,
and disposal of solid waste.
(29) The term ‘‘solid waste management facility’’ includes—
(A) any resource recovery system or component thereof,
(B) any system, program, or facility for resource conservation, and
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(C) any facility for the collection, source separation, storage, transportation, transfer, processing, treatment or disposal
of solid wastes, including hazardous wastes, whether such facility is associated with facilities generating such wastes or
otherwise.
(30) The terms ‘‘solid waste planning’’, ‘‘solid waste management’’, and ‘‘comprehensive planning’’ include planning or management respecting resource recovery and resource conservation.
(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 4007.
(33) The term ‘‘storage’’, when used in connection with hazardous waste, means the containment of hazardous waste, either
on a temporary basis or for a period of years, in such a manner as
not to constitute disposal of such hazardous waste.
(34) The term ‘‘treatment’’, when used in connection with hazardous waste, means any method, technique, or process, including
neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to
neutralize such waste or so as to render such waste nonhazardous,
safer for transport, amenable for recovery, amenable for storage, or
reduced in volume. Such term includes any activity or processing
designed to change the physical form or chemical composition of
hazardous waste 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 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) The term ‘‘re-refined oil’’ means used oil from which the
physical and chemical contaminants 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 which is generated in the
diagnosis, treatment, or immunization of human beings or animals,
in research pertaining thereto, or in the production or testing of
biologicals. Such term does not include any hazardous waste identified or listed under subtitle C or any household waste as defined
in regulations under subtitle C.
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(41) The term ‘‘mixed waste’’ means waste that contains
both hazardous waste and source, special nuclear, or by-product material subject to the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.).
[42 U.S.C. 6903]
GOVERNMENTAL COOPERATION

SEC. 1005. (a) INTERSTATE COOPERATION.—The provisions of
this Act to be carried out by States may be carried out by interstate agencies and provisions applicable to States may apply to
interstate regions where such agencies and regions have been established by the respective States and approved by the Administrator. In any such case, action required to be taken by the Governor of a State, respecting regional designation shall be required
to be taken by the Governor of each of the respective States with
respect to so much of the interstate region as is within the jurisdiction of that State.
(b) CONSENT OF CONGRESS TO COMPACTS.—The consent of the
Congress is hereby given to two or more States to negotiate and
enter into agreements or compacts, not in conflict with any law or
treaty of the United States, for—
(1) cooperative effort and mutual assistance for the management of solid waste or hazardous waste (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 or compacts.
No such agreement or compact shall be binding or obligatory upon
any State a party thereto unless it is agreed upon by all parties
to the agreement and until it has been approved by the Administrator and the Congress.
[42 U.S.C. 6904]
APPLICATION OF ACT AND INTEGRATION WITH OTHER ACTS

SEC. 1006. (a) APPLICATION OF ACT.—Nothing in this Act shall
be construed to apply to (or to authorize any State, interstate, or
local authority to regulate) any activity or substance which is subject to the Federal Water Pollution Control Act (33 U.S.C. 1151 and
following), the Safe Drinking Water Act (42 U.S.C. 300f and following), the Marine Protection, Research and Sanctuaries Act of
1972 (33 U.S.C. 1401 and following), or the Atomic Energy Act of
1954 (42 U.S.C. 2011 and following) 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
shall integrate all provisions of this Act 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. 1857 and following), the Federal Water Pollution
Control Act (33 U.S.C. 1151 and following), the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 135 and following), the
Safe Drinking Water Act (42 U.S.C. 300f and following), the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C.
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1401 and following) and such other Acts of Congress as grant regulatory authority to the Administrator. 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 Act and in the other
acts referred to in this subsection.
(2)(A) As promptly as practicable after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, the
Administrator shall submit a report describing—
(i) the current data and information available on emissions
of polychlorinated dibenzo-p-dioxins from resource recovery facilities burning municipal solid waste;
(ii) any significant risks to human health posed by these
emissions; and
(iii) operating practices appropriate for controlling these
emissions.
(B) Based on the report under subparagraph (A) and on any future information on such emissions, the Administrator may publish
advisories or guidelines regarding the control of dioxin emissions
from such facilities. Nothing in this paragraph shall be construed
to preempt or otherwise affect the authority of the Administrator
to promulgate any regulations under the Clean Air Act regarding
emissions of polychlorinated dibenzo-p-dioxins.
(3) Notwithstanding any other provisions of law, in developing
solid waste plans, it is the intention of this Act that in determining
the size of a waste-to-energy facility, adequate provisions shall be
given to the present and reasonably anticipated future needs, including those needs created by thorough implementation of section
6002(h), of the recycling and resource recovery interests within the
area encompassed by the solid waste plan.
(c) INTEGRATION WITH THE SURFACE MINING CONTROL AND
RECLAMATION ACT OF 1977.—(1) No later than 90 days after the
date of enactment of the Solid Waste Disposal Act Amendments of
1980, the Administrator shall review any regulations applicable to
the treatment, storage, or disposal of any coal mining wastes or
overburden promulgated by the Secretary of the Interior under the
Surface Mining and Reclamation Act of 1977. If the Administrator
determines that any requirement of final regulations promulgated
under any section of subtitle C relating to mining wastes or overburden is not adequately addressed in such regulations promulgated by the Secretary, the Administrator shall promptly transmit
such determination, together with suggested revisions and supporting documentation, to the Secretary.
(2) The Secretary of the Interior shall have exclusive responsibility for carrying out any requirement of subtitle C of this Act
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.
The Secretary shall, with the concurrence of the Administrator,
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.
[42 U.S.C. 6905]
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FINANCIAL DISCLOSURE

SEC. 1007. (a) STATEMENT.—Each officer or employee of the
Administrator who—
(1) performs any function or duty under this Act; and
(2) has any known financial interest in any person who applies for or receives financial assistance under this Act
shall, beginning on February 1, 1977, annually file with the Administrator a written statement concerning all such interests held by
such officer or employee during the preceding calendar year. Such
statement shall be available to the public.
(b) ACTION BY ADMINISTRATOR.—The Administrator shall—
(1) act within ninety days after the date of enactment of
this Act—
(A) to define the term ‘‘known financial interest’’ for
purposes of subsection (a) of this section; and
(B) to establish the methods by which the requirement
to file written statements specified in subsection (a) of this
section will be monitored and enforced, including appropriate provision for the filing by such officers and employees of such statements and the review by the Administrator 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) of
this section, the Administrator may identify specific positions within the Environmental Protection Agency which are of a non- policymaking nature and provide that officers or employees occupying
such positions shall be exempt from the requirements of this section.
(d) PENALTY.—Any officer or employee 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.
[42 U.S.C. 6906]
SOLID WASTE MANAGEMENT INFORMATION AND GUIDELINES

SEC. 1008. (a) GUIDELINES.—Within one year of enactment of
this section, and from time to time thereafter, the Administrator
shall, in cooperation with appropriate Federal, State, municipal,
and intermunicipal agencies, and in consultation with other interested persons, and after public hearings, develop and publish suggested guidelines for solid waste management. 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 practices (including operating practices) which provide for the protection of public health and the
environment;
(2) not later than two years after the enactment of this
section, 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
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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; (D) protection of ambient air quality through compliance with new
source performance standards or requirements of air quality
implementation plans under the Clean Air Act, as amended;
(E) disease and vector control; (F) safety; and (G) esthetics; and
(3) provide minimum criteria to be used by the States to
define those solid waste management practices which constitute the open dumping of solid waste or hazardous waste
and are to be prohibited under subtitle D of this Act.
Where appropriate, such suggested guidelines also shall include
minimum information for use in deciding the adequate location, design, and construction of facilities associated with solid waste management practices, including the consideration of regional, geographic, demographic, and climatic factors.
(b) NOTICE.—The Administrator shall notify the Committee on
Environment and Public Works of the Senate and the Committee
on Energy and Commerce of the House of Representatives a reasonable time before publishing any suggested guidelines or proposed regulations under this Act of the content of such proposed
suggested guidelines or proposed regulations under this Act.
[42 U.S.C. 6907]

Subtitle B—Office of Solid Waste; Authorities of the Administrator
OFFICE OF SOLID WASTE AND INTERAGENCY COORDINATING
COMMITTEE

SEC. 2001. (a) OFFICE OF SOLID WASTE.—The Administrator
shall establish within the Environmental Protection Agency an Office of Solid Waste (hereinafter referred to as the ‘‘Office’’) to be
headed by an Assistant Administrator of the Environmental Protection Agency. The duties and responsibilities (other than duties and
responsibilities relating to research and development) of the Administrator under this Act (as modified by applicable reorganization plans) shall be carried out through the Office. 1
(b) INTERAGENCY COORDINATING COMMITTEE.—(1) There is
hereby established an Interagency Coordinating Committee on Federal Resource Conservation and Recovery Activities which shall
have the responsibility for coordinating all activities dealing with
resource conservation and recovery from solid waste carried out by
the Environmental Protection Agency, the Department of Energy,
the Department of Commerce, and all other Federal agencies which
conduct such activities pursuant to this 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, de1 Section 307(b) of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 6911a) provides:
(b) The Assistant Administrator of the Environmental Protection Agency appointed to head
the Office of Solid Waste shall be in addition to the five Assistant Administrators of the Environmental Protection Agency provided for in section 1(d) of Reorganization Plan Numbered 3
of 1970 and the additional Assistant Administrator provided by the Toxic Substances Control
Act, shall be appointed by the President by and with the advice and consent of the Senate.

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velopment and demonstration projects on resource conservation or
energy, or material, recovery from solid waste, and all technical or
financial assistance for State or local planning for, or implementation of, projects related to resource conservation or energy or material, recovery from solid waste. The Committee shall be chaired by
the Administrator of the Environmental Protection Agency or such
person as the Administrator may designate. Members of the Committee shall include representatives of the Department of Energy,
the Department of Commerce, the Department of the Treasury, and
each other Federal agency which the Administrator determines to
have programs or responsibilities affecting resource conservation or
recovery.
(2) The Interagency Coordinating Committee shall include
oversight of the implementation of—
(A) the May 1979 Memorandum of Understanding on Energy Recovery from Municipal Solid Waste between the Environmental Protection Agency and the Department of Energy;
(B) the May 30, 1978, Interagency Agreement between the
Department of Commerce and the Environmental Protection
Agency on the Implementation of the Resource Conservation
and Recovery Act; and
(C) any subsequent agreements between these agencies or
other Federal agencies which address Federal resource recovery or conservation activities.
(3) The Interagency Coordinating Committee shall submit to
the Congress by March 1, 1981, and on March 1 each year thereafter, a five-year action plan for Federal resource conservation or
recovery activities which shall identify means and propose programs to encourage resource conservation or material and energy
recovery and increase private and municipal investment in resource conservation or recovery systems, especially those which
provide for material conservation or recovery as well as energy conservation or recovery. Such plan shall describe, at a minimum, a
coordinated and nonduplicatory plan for resource recovery and conservation activities for the Environmental Protection Agency, the
Department of Energy, the Department of Commerce, and all other
Federal agencies which conduct such activities.
[42 U.S.C. 6911]
AUTHORITIES OF ADMINISTRATOR

SEC. 2002. (a) AUTHORITIES.—In carrying out this Act, the Administrator is authorized to—
(1) prescribe, in consultation with Federal, State, and regional authorities, such regulations as are necessary to carry
out his functions under this Act;
(2) consult with or exchange information with other Federal agencies undertaking research, development, demonstration projects, studies, or investigations relating to solid waste;
(3) provide technical and financial assistance to States or
regional agencies in the development and implementation of
solid waste plans and hazardous waste management programs;
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(4) consult with representatives of science, industry, agriculture, labor, environmental protection and consumer organizations, and other groups, as he deems advisable;
(5) utilize the information, facilities, personnel and other
resources of Federal agencies, including the National Bureau of
Standards 1 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 and conservation and to otherwise carry out the Administrator’s functions under this Act; and
(6) to delegate to the Secretary of Transportation the performance of any inspection or enforcement function under this
Act relating to the transportation of hazardous waste where
such delegation would avoid unnecessary duplication of activity
and would carry out the objectives of this Act and of the Hazardous Materials Transportation Act.
(b) REVISION OF REGULATIONS.—Each regulation promulgated
under this Act shall be reviewed and, where necessary, revised not
less frequently than every three years.
(c) CRIMINAL INVESTIGATIONS.—In carrying out the provisions
of this Act, the Administrator, and duly-designated agents and employees of the Environmental Protection Agency, are authorized to
initiate and conduct investigations under the criminal provisions of
this Act, and to refer the results of these investigations to the Attorney General for prosecution in appropriate cases.
[42 U.S.C. 6912]
RESOURCE RECOVERY AND CONSERVATION PANELS

SEC. 2003. The Administrator shall provide teams of personnel,
including Federal, State, and local employees or contractors (hereinafter referred to as ‘‘Resource Conservation and Recovery Panels’’) to provide Federal agencies, States and local governments
upon request with technical assistance on solid waste management,
resource recovery, and resource conservation. Such teams shall include technical, marketing, financial, and institutional specialists,
and the services of such teams shall be provided without charge to
States or local governments.
[42 U.S.C. 6913]
GRANTS FOR DISCARDED TIRE DISPOSAL

SEC. 2004. (a) GRANTS.—The Administrator 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 dis1 The reference in section 2002(a)(5) to the National Bureau of Standards is deemed to refer
to the National Institute of Standards and Technology, pursuant to section 5115(c) of Public Law
100–418.

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tribution of tire shredding facilities, the need for such facilities
within a geographic area, 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 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.—There is authorized to be appropriated
$750,000 for each of the fiscal years 1978 and 1979 to carry out
this section.
[42 U.S.C. 6914]
LABELING OF CERTAIN OIL

SEC. 2005. For purposes of any provision of law which requires
the labeling of commodities, lubricating oil shall be treated as lawfully labeled only if it bears the following statement, prominently
displayed:
‘‘DON’T POLLUTE—CONSERVE RESOURCES; RETURN USED
OIL TO COLLECTION CENTERS’’.
[42 U.S.C. 6914a]
ANNUAL REPORT

SEC. 2006. The Administrator 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 during the preceding fiscal year. Each such report shall
include—
(1) a statement of specific and detailed objectives for the
activities and programs conducted and assisted under this Act;
(2) statements of the Administrator’s conclusions as to the
effectiveness of such activities and programs in meeting the
stated objectives and the purposes of this Act, measured
through the end of such fiscal year;
(3) a summary of outstanding solid waste problems confronting the Administration, in order of priority;
(4) recommendations with respect to such legislation which
the Administrator deems necessary or desirable to assist in
solving problems respecting solid waste;
(5) all other information required to be submitted to the
Congress pursuant to any other provision of this Act; and
(6) the Administrator’s plans for activities and programs
respecting solid waste during the next fiscal year.
[42 U.S.C. 6915]
GENERAL AUTHORIZATION

SEC. 2007. (a) GENERAL ADMINISTRATION.—There are authorized to be appropriated to the Administrator for the purpose of carrying out the provisions of this Act, $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,
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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), or $5,000,000 per fiscal year, whichever is less, shall be used
only for purposes of Resource Recovery and Conservation Panels
established under section 2003 (including travel expenses incurred
by such panels in carrying out their functions under this Act).
(c) HAZARDOUS WASTE.—Not less than 30 percent of the
amount appropriated under subsection (a) shall be used only for
purposes of carrying out subtitle C of this Act (relating to hazardous waste) other than section 3011.
(d) STATE AND LOCAL SUPPORT.—Not less than 25 per centum
of the total amount appropriated under this title, up to the amount
authorized in section 4008(a)(1), shall be used only for purposes of
support to State, regional, local, and interstate agencies in accordance with subtitle D of this Act other than section 4008(a)(2) or
4009.
(e) CRIMINAL INVESTIGATORS.—There is authorized to be appropriated to the Administrator $3,246,000 for the fiscal year 1985,
$2,408,300 for the fiscal year 1986, $2,529,000 for the fiscal year
1987, and $2,529,000 for the fiscal year 1988 to be used—
(1) for additional officers or employees of the Environmental Protection Agency authorized by the Administrator to
conduct criminal investigations (to investigate, or supervise the
investigation of, any activity for which a criminal penalty is
provided) under this Act; and
(2) for support costs for such additional officers or employees.
(f) UNDERGROUND STORAGE TANKS.—(1) There are authorized
to be appropriated to the Administrator for the purpose of carrying
out the provisions of subtitle I (relating to regulation of underground storage tanks), $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 for purposes of assisting the States in the development and implementation of approved State underground storage
tank release detection, prevention, and correction programs under
subtitle I.
[42 U.S.C. 6916]
OFFICE OF OMBUDSMAN

SEC. 2008. (a) ESTABLISHMENT; FUNCTIONS.—The Administrator shall establish an Office of Ombudsman, to be directed by an
Ombudsman. It shall be the function of the Office of Ombudsman
to receive individual complaints, grievances, requests for information submitted by any person with respect to any program or requirement under this Act.
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(b) AUTHORITY TO RENDER ASSISTANCE.—The Ombudsman
shall render assistance with respect to the complaints, grievances,
and requests submitted to the Office of Ombudsman, and shall
make appropriate recommendations to the Administrator.
(c) EFFECT ON PROCEDURES FOR GRIEVANCES, APPEALS, OR ADMINISTRATIVE MATTERS.—The establishment of the Office of Ombudsman shall not affect any procedures for grievances, appeals, or
administrative matters in any other provision of this Act, any other
provision of law, or any Federal regulation.
(d) TERMINATION.—The Office of the Ombudsman shall cease to
exist 4 years after the date of enactment of the Hazardous and
Solid Waste Amendments of 1984.
[42 U.S.C. 6917]

Subtitle C—Hazardous Waste Management
IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SEC. 3001. (a) CRITERIA FOR IDENTIFICATION OR LISTING.—Not
later than eighteen months after the date of the enactment of this
Act, the Administrator shall, after notice and opportunity for public
hearing, and after consultation with appropriate Federal and State
agencies, develop and promulgate criteria for identifying the characteristics of hazardous waste, and for listing hazardous waste,
which should be subject to the provisions of this subtitle, 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)(1) IDENTIFICATION AND LISTING.—Not later than eighteen
months after the date of enactment of this section, and after notice
and opportunity for public hearing, the Administrator shall promulgate regulations identifying the characteristics of hazardous waste,
and listing particular hazardous wastes (within the meaning of section 1004(5)), which shall be subject to the provisions of this subtitle. Such regulations shall be based on the criteria promulgated
under subsection (a) and shall be revised from time to time thereafter as may be appropriate. The Administrator, in cooperation
with the Agency for Toxic Substances and Disease Registry and the
National Toxicology Program, shall also identify or list those hazardous wastes which shall be subject to the provisions of this subtitle solely because of the presence in such wastes of certain constituents (such as identified carcinogens, mutagens, or teratagens)
at levels in excess of levels which endanger human health.
(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 shall be subject only to existing State or Federal regulatory programs in lieu of subtitle C until
at least 24 months after the date of enactment of the Solid Waste
Disposal Act Amendments of 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 or FedDecember 31, 2002

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eral programs should include, for waste disposal 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 site for drilling fluids and associated wastes shall be required if the distance from the disposal 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 8002(m) of this Act, the Administrator shall, after public hearings and opportunity for comment, determine either to promulgate regulations under this subtitle for
drilling fluids, produced waters, and other wastes associated with
the exploration, development, or production of crude oil or natural
gas or geothermal energy or that such regulations are unwarranted. The Administrator 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 shall utilize the information developed or accumulated pursuant to the study required under section 8002(m).
(C) The Administrator 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 law in lieu of
this subtitle 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 8002 of this Act 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 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 and operators of disposal sites for wastes listed
in subparagraph (A) may be required by the Administrator,
through regulations prescribed under authority of section 2002 of
this Act—
(I) as to disposal 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
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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), (n), (o), or
(p) of section 8002 of this Act, any officer, employee, or authorized
representative of the Environmental Protection Agency, duly designated by the Administrator, 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 shall be commenced and completed with reasonable
promptness. If the officer, employee, or authorized representative
obtains any samples prior to leaving the premises, he shall give to
the owner, operator, or agent in charge a receipt describing the
sample obtained and if requested a portion of each such sample
equal in volume or weight to the portion retained. If any analysis
is made of such samples, or monitoring and testing performed, a
copy of the results shall be furnished promptly to the owner, operator, or agent in charge.
(II) Any records, reports, or information obtained from any person under subclause (I) shall be available to the public, except that
upon a showing satisfactory to the Administrator by any person
that records, reports, or information, or particular part thereof, to
which the Administrator has access under this subparagraph if
made public, would divulge information entitled to protection under
section 1905 of title 18 of the United States Code, the Administrator 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, or authorized representatives of the
United States concerned with carrying out this Act. Any person not
subject to the provisions of section 1905 of title 18 of the United
States Code who knowingly and willfully divulges or discloses any
information entitled to protection under this 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 may prescribe regulations, under the
authority of this Act, to prevent radiation exposure which presents
an unreasonable risk to human health from the use in construction
or land reclamation (with or without revegetation) of (I) solid waste
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 determines that any person is in violation of any requirement of this subparagraph, the Administrator shall give notice to
the violator of his failure to comply with such requirement. If such
violation extends beyond the thirtieth day after the Administrator’s
notification, the Administrator may issue an order requiring compliance within a specified time period or the Administrator may
commence a civil action in the United States district court in the
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district in which the violation 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),
(n), (o), or (p), of section 8002 of this Act, the Administrator shall,
after public hearings and opportunity for comment, either determine to promulgate regulations under this subtitle for each waste
listed in subparagraph (A) of this paragraph or determine that
such regulations are unwarranted. The Administrator 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 the enactment of this title, the Governor of
any State may petition the Administrator to identify or list a material as a hazardous waste. The Administrator shall act upon such
petition within ninety days following his receipt thereof and shall
notify the Governor of such action. If the Administrator denies such
petition because of financial considerations, in providing such notice to the Governor he shall include a statement concerning such
considerations.
(d) SMALL QUANTITY GENERATOR WASTE.—(1) By March 31,
1986, the Administrator shall promulgate standards under sections
3002, 3003, and 3004 for hazardous waste generated by a generator
in a total quantity of hazardous waste greater than one hundred
kilograms but less than one thousand kilograms during a calendar
month.
(2) The standards referred to in paragraph (1), including standards applicable to the legitimate use, reuse, recycling, and reclamation of such wastes, may vary from the standards applicable to hazardous waste generated by larger quantity generators, but such
standards shall be sufficient to protect human health and the environment.
(3) Not later than two hundred and seventy days after the enactment of the Hazardous and Solid Waste Amendments of 1984
any hazardous waste which is part of a total quantity generated by
a generator generating greater than one hundred kilograms but
less than one thousand kilograms during one calendar month and
which is shipped off the premises on which such waste is generated
shall be accompanied by a copy of the Environmental Protection
Agency Uniform Hazardous Waste Manifest form signed by the
generator. This form shall contain the following information:
(A) the name and address of the generator of the waste;
(B) the United States Department of Transportation description of the waste, including the proper shipping name,
hazard 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 designated to receive the waste.
If subparagraph (B) is not applicable, in lieu of the description referred to in such subparagraph (B), the form shall contain the Environmental Protection Agency identification number, or a generic
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description of the waste, or a description of the waste by hazardous
waste characteristic. Additional requirements related to the manifest form shall apply only if determined necessary by the Administrator to protect human health and the environment.
(4) The Administrator’s responsibility under this subtitle to
protect human health and the environment may require the promulgation of standards under this subtitle for hazardous wastes
which are generated by any generator who does not generate more
than one hundred kilograms of hazardous waste in a calendar
month.
(5) Until the effective date of standards required to be promulgated under paragraph (1), any hazardous waste 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 treatment, storage, or disposal facility with a permit under section 3005, shall be disposed of only
in a facility which is permitted, licensed, or registered by a State
to manage municipal or industrial solid waste.
(6) Standards promulgated as provided in paragraph (1) shall,
at a minimum, require that all treatment, storage, or disposal of
hazardous wastes generated by generators referred to in paragraph
(1) shall occur at a facility with interim status or a permit under
this subtitle, except that onsite storage of hazardous waste generated by a generator generating a total quantity of hazardous
waste greater than one hundred kilograms, but less than one thousand kilograms during a calendar month, may occur without the
requirement of a permit for up to one hundred and eighty days.
Such onsite storage may occur without the requirement of a permit
for not more than six thousand kilograms for up to two hundred
and seventy days if such generator must ship or haul such waste
over two hundred miles.
(7)(A) Nothing in this subsection shall be construed to affect or
impair the validity of regulations promulgated by the Secretary of
Transportation pursuant to the Hazardous Materials Transportation Act.
(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 identified or listed under section 3001 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 promulgates standards as provided in paragraph (1) of this subsection
prior to such date, hazardous waste generated by any generator in
a total quantity greater than one hundred kilograms but less than
one thousand kilograms during a calendar month shall be subject
to the following requirements until the standards referred to in
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 designated to receive the
waste;
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(B) except in the case of the onsite storage referred to in
paragraph (6) of this subsection, the treatment, storage, or disposal of such waste shall occur at a facility with interim status
or a permit under this subtitle;
(C) generators of such waste shall file manifest exception
reports as required of generators producing greater amounts of
hazardous waste 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 signed by the designated facility that has
received the waste.
Nothing in this paragraph shall be construed as a determination of
the standards appropriate under paragraph (1).
(9) The last sentence of section 3010(b) shall not apply to regulations promulgated under this subsection.
(e) SPECIFIED WASTES.—(1) Not later than 6 months after the
date of enactment of the Hazardous and Solid Waste Amendments
of 1984, the Administrator shall, where appropriate, list under subsection (b)(1), additional wastes containing chlorinated dioxins or
chlorinated-dibenzofurans. Not later than one year after the date
of enactment of the Hazardous and Solid Waste Amendments of
1984, the Administrator shall, where appropriate, list under subsection (b)(1) wastes containing remaining halogenated dioxins and
halogenated-dibenzofurans.
(2) Not later than fifteen months after the date of enactment
of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall make a determination of whether or not to list
under subsection (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 from listing
under this section, the Administrator shall consider factors (including additional constituents) other than those for which the waste
was listed if the Administrator has a reasonable basis to believe
that such additional factors could cause the waste to be a hazardous waste. The Administrator shall provide notice and opportunity for comment on these additional factors before granting or
denying such petition.
(2)(A) To the maximum extent practicable the Administrator
shall publish in the Federal Register a proposal to grant or deny
a petition referred to in paragraph (1) within twelve months after
receiving a complete application to exclude a waste generated at a
particular facility from being regulated as a hazardous waste and
shall grant or deny such a petition within twenty-four months after
receiving a complete application.
(B) The temporary granting of such a petition prior to the enactment of the Hazardous and Solid Waste Amendments of 1984
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without the opportunity for public comment and the full consideration of such comments shall not continue for more than twentyfour months after the date of enactment of the Hazardous and
Solid Waste Amendments of 1984. If a final decision to grant or
deny such a petition has not been promulgated after notice and opportunity for public comment within the time limit prescribed by
the preceding sentence, any such temporary granting of such petition shall cease to be in effect.
(g) EP TOXICITY.—Not later than twenty-eight months after
the date of enactment of the Hazardous and Solid Waste Amendments of 1984 the Administrator shall examine the deficiencies of
the extraction procedure toxicity characteristic as a predictor of the
leaching potential of wastes and make changes in the extraction
procedure toxicity characteristic, including changes in the leaching
media, as are necessary to insure that it accurately predicts the
leaching potential of wastes which pose a threat to human health
and the environment when mismanaged.
(h) ADDITIONAL CHARACTERISTICS.—Not later than two years
after the date of enactment of the Hazardous and Solid Waste
Amendments of 1984, the Administrator shall promulgate regulations under this section identifying additional characteristics of
hazardous waste, including measures or indicators of toxicity.
(i) CLARIFICATION OF HOUSEHOLD WASTE EXCLUSION.—A resource recovery facility recovering energy from the mass burning of
municipal solid waste shall not be deemed to be treating, storing,
disposing of, or otherwise managing hazardous wastes for the purposes of regulation under this subtitle, if—
(1) such facility—
(A) receives and burns only—
(i) household waste (from single and multiple
dwellings, hotels, motels, and other residential
sources), and
(ii) solid waste from commercial or industrial
sources that does not contain hazardous waste identified or listed under this section, and
(B) does not accept hazardous wastes identified or listed under this section, and
(2) the owner or operator of such facility has established
contractual requirements or other appropriate notification or
inspection procedures to assure that hazardous wastes are not
received at or burned in such facility.
[42 U.S.C. 6921]
STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

SEC. 3002. (a) IN GENERAL.—Not later than eighteen months
after the date of the enactment of this section, and after notice and
opportunity for public hearings and after consultation with appropriate Federal and State agencies, the Administrator shall promulgate regulations establishing such standards, applicable to generators of hazardous waste identified or listed under this subtitle, as
may be necessary to protect human health and the environment.
Such standards shall establish requirements respecting—
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SOLID WASTE DISPOSAL ACT

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(1) recordkeeping practices that accurately identify the
quantities of such hazardous waste 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 for any containers used for the storage, transport, or disposal of such hazardous waste such as
will identify accurately such waste;
(3) use of appropriate containers for such hazardous waste;
(4) furnishing of information on the general chemical composition of such hazardous waste to persons transporting,
treating, storing, or disposing of such wastes;
(5) use of a manifest system and any other reasonable
means necessary to assure that all such hazardous waste generated is designated for treatment, storage, or disposal in, and
arrives at, treatment, storage, or disposal facilities (other than
facilities on the premises where the waste is generated) for
which a permit has been issued as provided in this subtitle, or
pursuant to title I of the Marine Protection, Research, and
Sanctuaries Act (86 Stat. 1052); and
(6) submission of reports to the Administrator (or the State
agency in any case in which such agency carries out a permit
program pursuant to this subtitle) at least once every two
years, setting out—
(A) the quantities and nature of hazardous waste identified or listed under this subtitle that he has generated
during the year;
(B) the disposition of all hazardous waste reported
under subparagraph (A);
(C) the efforts undertaken during the year to reduce
the volume and toxicity of waste generated; and
(D) the changes in volume and toxicity of waste actually achieved during the year in question in comparison
with previous years, to the extent such information is
available for years prior to enactment of the Hazardous
and Solid Waste Amendments of 1984.
(b) WASTE MINIMIZATION.—Effective September 1, 1985, the
manifest required by subsection (a)(5) shall contain a certification
by the generator that—
(1) the generator of the hazardous waste has a program 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, storage, or disposal
is that practicable method currently available to the generator
which minimizes the present and future threat to human
health and the environment.
[42 U.S.C. 6922]
STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

SEC. 3003. (a) STANDARDS.—Not later than eighteen months
after the date of enactment of this section, and after opportunity
for public hearings, the Administrator, after consultation with the
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Secretary of Transportation and the States, shall promulgate regulations establishing such standards, applicable to transporters of
hazardous waste identified or listed under this subtitle, as may be
necessary to protect human health and the environment. Such
standards shall include but need not be limited to requirements
respecting—
(1) recordkeeping concerning such hazardous waste transported, and their source and delivery points;
(2) transportation of such waste only if properly labeled;
(3) compliance with the manifest system referred to in section 3002(5); 1 and
(4) transportation of all such hazardous waste only to the
hazardous waste treatment, storage, or disposal facilities
which the shipper designates on the manifest form to be a facility holding a permit issued under this subtitle, or pursuant
to title I of the Marine Protection, Research, and Sanctuaries
Act (86 Stat. 1052).
(b) COORDINATION WITH REGULATIONS OF SECRETARY OF
TRANSPORTATION.—In case of any hazardous waste identified or
listed under this subtitle which is subject to the Hazardous Materials Transportation Act (88 Stat. 2156; 49 U.S.C. 1801 and following), 2 the regulations promulgated by the Administrator under
this section shall be consistent with the requirements of such Act
and the regulations thereunder. The Administrator is authorized to
make recommendations to the Secretary of Transportation respecting the regulations of such hazardous waste 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 the date of enactment of the Hazardous and Solid Waste
Amendments of 1984, and after opportunity for public hearing, the
Administrator shall promulgate regulations establishing standards,
applicable to transporters of fuel produced (1) from any hazardous
waste identified or listed under section 3001, or (2) from any hazardous waste identified or listed under section 3001 and any other
material, as may be necessary to protect human health and the environment. Such standards may include any of the requirements
set forth in paragraphs (1) through (4) of subsection (a) as may be
appropriate.
[42 U.S.C. 6923]
STANDARDS APPLICABLE TO OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

SEC. 3004. (a) IN GENERAL.—Not later than eighteen months
after the date of enactment of this section, and after opportunity
for public hearings and after consultation with appropriate Federal
and State agencies, the Administrator shall promulgate regulations
establishing such performance standards, applicable to owners and
operators of facilities for the treatment, storage, or disposal of haz1 The

reference in section 3003(a)(3) to section 3002(5) should refer to section 3002(a)(5).
2 The reference in section 3003(b) to the Hazardous Materials Transportation Act is deemed
to refer to chapter 51 of title 49, United States Code, pursuant to section 6(b) of Public Law
103–272.

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ardous waste identified or listed under this subtitle, as may be necessary to protect human health and the environment. In establishing such standards the Administrator shall, where appropriate,
distinguish in such standards between requirements appropriate
for new facilities and for facilities in existence on the date of promulgation of such regulations. Such standards shall include, but
need not be limited to, requirements respecting—
(1) maintaining records of all hazardous wastes identified
or listed under this title 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 and
compliance with the manifest system referred to in section
3002(5); 1
(3) treatment, storage, or disposal of all such waste received by the facility pursuant to such operating methods,
techniques, and practices as may be satisfactory to the Administrator;
(4) the location, design, and construction of such hazardous
waste treatment, disposal, or storage facilities;
(5) contingency plans for effective action to minimize unanticipated damage from any treatment, storage, or disposal of
any such hazardous waste;
(6) the maintenance of operation of such facilities and requiring such additional qualifications as to ownership, continuity of operation, training 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 3005 respecting permits for treatment, storage, or disposal.
No private entity shall be precluded by reason of criteria established under paragraph (6) from the ownership or operation of facilities providing hazardous waste treatment, storage, or disposal
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, storage, or disposal of specified hazardous waste.
(b) SALT DOME FORMATIONS, SALT BED FORMATIONS, UNDERGROUND MINES AND CAVES.—(1) Effective on the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, the
placement of any noncontainerized or bulk liquid hazardous waste
in any salt dome formation, salt bed formation, underground mine,
or cave is prohibited until such time as—
(A) the Administrator has determined, after notice and opportunity for hearings on the record in the affected areas, that
such placement is protective of human health and the environment;
(B) the Administrator has promulgated performance and
permitting standards for such facilities under this subtitle,
and;
(C) a permit has been issued under section 3005(c) for the
facility concerned.
1 The

December 31, 2002

reference in section 3004(a)(2) to section 3002(5) should refer to section 3002(a)(5).

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(2) Effective on the date of enactment of the Hazardous and
Solid Waste Amendments of 1984, the placement of any hazardous
waste other than a hazardous waste referred to in paragraph (1)
in a salt dome formation, salt bed formation, underground mine, or
cave is prohibited until such time as a permit has been issued
under section 3005(c) for the facility concerned.
(3) No determination made by the Administrator under subsection (d), (e), or (g) of this section regarding any hazardous waste
to which such subsection (d), (e), or (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 Waste Isolation Pilot Project in New Mexico.
(c) LIQUIDS IN LANDFILLS.—(1) Effective 6 months after the
date of the enactment of the Hazardous and Solid Waste Amendments of 1984, the placement of bulk or noncontainerized liquid
hazardous waste or free liquids contained in hazardous waste
(whether or not absorbents have been added) in any landfill is prohibited. Prior to such date the requirements (as in effect on April
30, 1983) promulgated under this section by the Administrator regarding liquid hazardous waste shall remain in force and effect to
the extent such requirements are applicable to the placement of
bulk or noncontainerized liquid hazardous waste, or free liquids
contained in hazardous waste, in landfills.
(2) Not later than fifteen months after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, the
Administrator shall promulgate final regulations which—
(A) minimize the disposal of containerized liquid hazardous waste in landfills, and
(B) minimize the presence of free liquids in containerized
hazardous waste to be disposed of in landfills.
Such regulations shall also prohibit the disposal in landfills of liquids that have been absorbed in materials that biodegrade or that
release liquids when compressed as might occur during routine
landfill operations. Prior to the date on which such final regulations take effect, the requirements (as in effect on April 30, 1983)
promulgated under this section by the Administrator shall remain
in force and effect to the extent such requirements are applicable
to the disposal of containerized liquid hazardous waste, or free liquids contained in hazardous waste, in landfills.
(3) Effective twelve months after the date of the enactment of
the Hazardous and Solid Waste Amendments of 1984, the placement of any liquid which is not a hazardous waste in a landfill for
which a permit is required under section 3005(c) or which is operating pursuant to interim status granted under section 3005(e) is
prohibited unless the owner or operator of such landfill demonstrates to the Administrator, or the Administrator determines,
that—
(A) the only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined surface impoundment, whether or not permitted under section
3005(c) or operating pursuant to interim status under section
3005(e), which contains, or may reasonably be anticipated to
contain, hazardous waste; and
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Sec. 3004

(B) placement in such owner or operator’s landfill will not
present a risk of contamination of any underground source of
drinking water.
As used in subparagraph (B), the term ‘‘underground source of
drinking water’’ has the same meaning as provided in regulations
under the Safe Drinking Water Act (title XIV of the Public Health
Service Act).
(4) No determination made by the Administrator under subsection (d), (e), or (g) of this section regarding any hazardous waste
to which such subsection (d), (e), or (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 the enactment of the Hazardous and
Solid Waste Amendments of 1984 (except as provided in subsection
(f) with respect to underground injection into deep injection wells),
the land disposal of the hazardous wastes referred to in paragraph
(2) is prohibited unless the Administrator determines the prohibition on one or more methods of land disposal of such waste is not
required in order to protect human health and the environment for
as long as the waste remains hazardous, taking into account—
(A) the long-term uncertainties associated with land disposal,
(B) the goal of managing hazardous waste in an appropriate manner in the first instance, and
(C) the persistence, toxicity, mobility, and propensity to
bioaccumulate of such hazardous wastes and their hazardous
constituents.
For the purposes of this paragraph, a method of land disposal may
not be determined to be protective of human health and the environment for a hazardous waste referred to in paragraph (2) (other
than a hazardous waste which has complied with the pretreatment
regulations promulgated under subsection (m)), unless, upon application by an interested person, it has been demonstrated to the Administrator, to a reasonable degree of certainty, that there will be
no migration of hazardous constituents from the disposal unit or
injection zone for as long as the wastes remain hazardous.
(2) Paragraph (1) applies to the following hazardous wastes
listed or identified under section 3001:
(A) Liquid hazardous wastes, including free liquids associated with any solid or sludge, containing free cyanides at concentrations greater than or equal to 1,000 mg/l.
(B) Liquid hazardous wastes, including free liquids associated with any solid or sludge, containing the following metals
(or elements) or compounds of these metals (or elements) at
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.
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(C) Liquid hazardous waste having a pH less than or equal
to two (2.0).
(D) Liquid hazardous wastes containing polychlorinated
biphenyls at concentrations greater than or equal to 50 ppm.
(E) Hazardous wastes 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 shall substitute more stringent concentration levels
than the levels specified in subparagraphs (A) through (E).
(3) During the period ending forty-eight months after the date
of the enactment of the Hazardous and Solid Waste Amendments
of 1984, this subsection shall not apply to any disposal of contaminated soil or debris resulting from a response action taken under
section 104 or 106 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 or a corrective action required under this subtitle.
(e) SOLVENTS AND DIOXINS.—(1) Effective twenty-four months
after the date of enactment of the Hazardous and Solid Waste
Amendments of 1984 (except as provided in subsection (f) with respect to underground injection into deep injection wells), the land
disposal of the hazardous wastes referred to in paragraph (2) is
prohibited unless the Administrator determines the prohibition of
one or more methods of land disposal of such waste is not required
in order to protect human health and the environment for as long
as the waste remains hazardous, taking into account the factors referred to in subparagraph (A) through (C) of subsection (d)(1). For
the purposes of this paragraph, a method of land disposal may not
be determined to be protective of human health and the environment for a hazardous waste referred to in paragraph (2) (other
than a hazardous waste which has complied with the pretreatment
regulations promulgated under subsection (m)), unless upon application by an interested person it has been demonstrated to the Administrator, to a reasonable degree of certainty, that there will be
no migration of hazardous constituents from the disposal unit or
injection zone for as long as the wastes remain hazardous.
(2) The hazardous wastes to which the prohibition under paragraph (1) applies are as follows—
(A) dioxin-containing hazardous wastes numbered F020,
F021, F022, and F023 (as referred to in the proposed rule published by the Administrator in the Federal Register for April
4, 1983), and
(B) those hazardous wastes numbered F001, F002, F003,
F004, and F005 in regulations promulgated by the Administrator under section 3001 (40 C.F.R. 261.31 (July 1, 1983)), as
those regulations are in effect on July 1, 1983.
(3) During the period ending forty-eight months after the date
of the enactment of the Hazardous and Solid Waste Amendments
of 1984, this subsection shall not apply to any disposal of contaminated soil or debris resulting from a response action taken under
section 104 or 106 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 or a corrective action required under this subtitle.
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Sec. 3004

(f) DISPOSAL INTO DEEP INJECTION WELLS; SPECIFIED SUB(d) WASTES; SOLVENTS AND DIOXINS.—(1) Not later than
forty-five months after the date of enactment of the Hazardous and
Solid Waste Amendments of 1984, the Administrator shall complete a review of the disposal of all hazardous wastes referred to
in paragraph (2) of subsection (d) and in paragraph (2) of subsection (e) by underground injection into deep injection wells.
(2) Within forty-five months after the date of the enactment of
the Hazardous and Solid Waste Amendments of 1984, the Administrator shall make a determination regarding the disposal by underground injection into deep injection wells of the hazardous wastes
referred to in paragraph (2) of subsection (d) and the hazardous
wastes referred to in paragraph (2) of subsection (e). The Administrator shall promulgate final regulations prohibiting the disposal of
such wastes into such wells if it may reasonably be determined
that such disposal may not be protective of human health and the
environment for as long as the waste remains hazardous, taking
into account the factors referred to in subparagraphs (A) through
(C) of subsection (d)(1). In promulgating such regulations, the Administrator shall consider each hazardous waste referred to in
paragraph (2) of subsection (d) or in paragraph (2) of subsection (e)
which is prohibited from disposal into such wells by any State.
(3) If the Administrator fails to make a determination under
paragraph (2) for any hazardous waste referred to in paragraph (2)
of subsection (d) or in paragraph (2) of subsection (e) within fortyfive months after the date of enactment of the Hazardous and Solid
Waste Amendments of 1984, such hazardous waste shall be prohibited from disposal into any deep injection well.
(4) As used in this subsection, the term ‘‘deep injection well’’
means a well used for the underground injection of hazardous
waste other than a well to which section 7010(a) 1 applies.
(g) ADDITIONAL LAND DISPOSAL PROHIBITION DETERMINATIONS.—(1) Not later than twenty-four months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984,
the Administrator shall submit a schedule to Congress for—
(A) reviewing all hazardous wastes listed (as of the date of
the enactment of the Hazardous and Solid Waste Amendments
of 1984) under section 3001 other than those wastes which are
referred to in subsection (d) or (e); and
(B) taking action under paragraph (5) of this subsection
with respect to each such hazardous waste.
(2) The Administrator shall base the schedule on a ranking of
such listed wastes considering their intrinsic hazard and their volume such that decisions regarding the land disposal of high volume
hazardous wastes with high intrinsic hazard shall, to the maximum extent possible, be made by the date forty-five months after
the date of enactment of the Hazardous and Solid Waste Amendments of 1984. Decisions regarding low volume hazardous wastes
with lower intrinsic hazard shall be made by the date sixty-six
months after such date of enactment.
SECTION

1 The reference in section 3004(h)(4) to section 7010(a) should be a reference to section
3020(a), pursuant to the renumbering made by section 201(c) of Public Law 99–339.

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(3) The preparation and submission of the schedule under this
subsection shall not be subject to the Paperwork Reduction Act of
1980. No hearing on the record shall be required for purposes of
preparation or submission of the schedule. The schedule shall not
be subject to judicial review.
(4) The schedule under this subsection shall require that the
Administrator shall promulgate regulations in accordance with
paragraph (5) or make a determination under paragraph (5)—
(A) for at least one-third of all hazardous wastes referred
to in paragraph (1) by the date forty-five months after the date
of enactment of the Hazardous and Solid Waste Amendments
of 1984;
(B) for at least two-thirds of all such listed wastes by the
date fifty-five months after the date of enactment of such
Amendments; and
(C) for all such listed wastes and for all hazardous wastes
identified under 3001 by the date sixty-six months after the
date of enactment of such Amendments.
In the case of any hazardous waste identified or listed under section 3001 after the date of enactment of the Hazardous and Solid
Waste Amendments of 1984, the Administrator shall determine
whether such waste shall be prohibited from one or more methods
of land disposal in accordance with paragraph (5) within six
months after the date of such identification or listing.
(5) Not later than the date specified in the schedule published
under this subsection, the Administrator shall promulgate final
regulations prohibiting one or more methods of land disposal of the
hazardous wastes listed on such schedule except for methods of
land disposal which the Administrator determines will be protective of human health and the environment for as long as the waste
remains hazardous, taking into account the factors referred to in
subparagraphs (A) through (C) of subsection (d)(1). For the purposes of this paragraph, a method of land disposal may not be determined to be protective of human health and the environment
(except with respect to a hazardous waste which has complied with
the pretreatment regulations promulgated under subsection (m))
unless, upon application by an interested person, it has been demonstrated to the Administrator, to a reasonable degree of certainty,
that there will be no migration of hazardous constituents from the
disposal unit or injection zone for as long as the wastes remain
hazardous.
(6)(A) If the Administrator fails (by the date forty-five months
after the date of enactment of the Hazardous and Solid Waste
Amendments of 1984) to promulgate regulations or make a determination under paragraph (5) for any hazardous waste which is included in the first one-third of the schedule published under this
subsection, such hazardous waste may be disposed of in a landfill
or surface impoundment only if—
(i) such facility is in compliance with the requirements of
subsection (o) which are applicable to new facilities (relating to
minimum technological requirements); and
(ii) prior to such disposal, the generator has certified to the
Administrator that such generator has investigated the availability of treatment capacity and has determined that the use
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of such landfill or surface impoundment is the only practical
alternative to treatment currently available to the generator.
The prohibition contained in this subparagraph shall continue to
apply until the Administrator promulgates regulations or makes a
determination under paragraph (5) for the waste concerned.
(B) If the Administrator fails (by the date 55 months after the
date of enactment of the Hazardous and Solid Waste Amendments
of 1984) to promulgate regulations or make a determination under
paragraph (5) for any hazardous waste which is included in the
first two-thirds of the schedule published under this subsection,
such hazardous waste may be disposed of in a landfill or surface
impoundment only if—
(i) such facility is in compliance with the requirements of
subsection (o) which are applicable to new facilities (relating to
minimum technological requirements); and
(ii) prior to such disposal, the generator has certified to the
Administrator that such generator has investigated the availability of treatment capacity and has determined that the use
of such landfill or surface impoundment is the only practical
alternative to treatment currently available to the generator.
The prohibition contained in this subparagraph shall continue to
apply until the Administrator promulgates regulations or makes a
determination under paragraph (5) for the waste concerned.
(C) If the Administrator fails to promulgate regulations, or
make a determination under paragraph (5) for any hazardous
waste referred to in paragraph (1) within 66 months after the date
of enactment of the Hazardous and Solid Waste Amendments of
1984, such hazardous waste shall be prohibited from land disposal.
(7) 1 Solid waste identified as hazardous based solely on
one or more characteristics shall not be subject to this subsection, any prohibitions under subsection (d), (e), or (f), or any
requirement promulgated under subsection (m) (other than any
applicable specific methods of treatment, as provided in paragraph (8)) if the waste—
(A) is treated in a treatment system that subsequently
discharges to waters of the United States pursuant to a
permit issued under section 402 of the Federal Water Pollution Control Act (commonly known as the ‘‘Clean Water
Act’’) (33 U.S.C. 1342), treated for the purposes of the
pretreatment requirements of section 307 of the Clean
Water Act (33 U.S.C. 1317), or treated in a zero discharge
system that, prior to any permanent land disposal, engages in treatment that is equivalent to treatment required under section 402 of the Clean Water Act (33
U.S.C. 1342) for discharges to waters of the United States,
as determined by the Administrator; and
(B) no longer exhibits a hazardous characteristic prior
to management in any land-based solid waste management
unit.
(8) 1 Solid waste that otherwise qualifies under paragraph
(7) shall nevertheless be required to meet any applicable specific methods of treatment specified for such waste by the Ad1 Indentation

December 31, 2002

so in law.

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ministrator under subsection (m), including those specified in
the rule promulgated by the Administrator June 1, 1990, prior
to management in a land-based unit as part of a treatment
system specified in paragraph (7)(A). No solid waste may qualify under paragraph (7) that would generate toxic gases, vapors, or fumes due to the presence of cyanide when exposed to
pH conditions between 2.0 and 12.5.
(9) 1 Solid waste identified as hazardous based on one or
more characteristics alone shall not be subject to this subsection, any prohibitions under subsection (d), (e), or (f), or any
requirement promulgated under subsection (m) if the waste no
longer exhibits a hazardous characteristic at the point of injection in any Class I injection well permitted under section 1422
of title XIV of the Public Health Service Act (42 U.S.C. 300h–
1).
(10) 1 Not later than five years after the date of enactment
of this paragraph, the Administrator shall complete a study of
hazardous waste managed pursuant to paragraph (7) or (9) to
characterize the risks to human health or the environment associated with such management. In conducting this study, the
Administrator shall evaluate the extent to which risks are adequately addressed under existing State or Federal programs
and whether unaddressed risks could be better addressed
under such laws or programs. Upon receipt of additional information or upon completion of such study and as necessary to
protect human health and the environment, the Administrator
may impose additional requirements under existing Federal
laws, including subsection (m)(1), or rely on other State or Federal programs or authorities to address such risks. In promulgating any treatment standards pursuant to subsection (m)(1)
under the previous sentence, the Administrator shall take into
account the extent to which treatment is occurring in landbased units as part of a treatment system specified in paragraph (7)(A).
(11) 1 Nothing in paragraph (7) or (9) shall be interpreted
or applied to restrict any inspection or enforcement authority
under the provisions of this Act.
(h) VARIANCES FROM LAND DISPOSAL PROHIBITIONS.—(1) A prohibition in regulations under subsection (d), (e), (f), or (g) shall be
effective immediately upon promulgation.
(2) The Administrator may establish an effective date different
from the effective date which would otherwise apply under subsection (d), (e), (f), or (g) with respect to a specific hazardous waste
which is subject to a prohibition under subsection (d), (e), (f), or (g)
or under regulations under subsection (d), (e), (f), or (g). Any such
other effective date shall be established on the basis of the earliest
date on which adequate alternative treatment, recovery, or disposal
capacity which protects human health and the environment will be
available. Any such other effective date shall in no event be later
than 2 years after the effective date of the prohibition which would
otherwise apply under subsection (d), (e), (f), or (g).
1 Indentation

December 31, 2002

so in law.

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(3) The Administrator, after notice and opportunity for comment and after consultation with appropriate State agencies in all
affected States, may on a case-by-case basis grant an extension of
the effective date which would otherwise apply under subsection
(d), (e), (f), or (g) or under paragraph (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), or an extension is
granted under paragraph (3), with respect to any hazardous waste,
during the period for which such variance or extension is in effect,
such hazardous waste may be disposed of in a landfill or surface
impoundment only if such facility is in compliance with the requirements of subsection (o).
(i) PUBLICATION OF DETERMINATION.—If the Administrator determines that a method of land disposal will be protective of
human health and the environment, he shall promptly publish in
the Federal Register notice of such determination, together with an
explanation of the basis for such determination.
(j) STORAGE OF HAZARDOUS WASTE PROHIBITED FROM LAND
DISPOSAL.—In the case of any hazardous waste which is prohibited
from one or more methods of land disposal under this section (or
under regulations promulgated by the Administrator under any
provision of this section) the storage of such hazardous waste is
prohibited unless such storage is solely for the purpose of the accumulation of such quantities of hazardous waste as are necessary to
facilitate proper recovery, treatment or disposal.
(k) DEFINITION OF LAND DISPOSAL.—For the purposes of this
section, the term ‘‘land disposal’’, when used with respect to a specified hazardous waste, shall be deemed to include, but not be limited to, any placement of such hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine
or cave.
(l) BAN ON DUST SUPPRESSION.—The use of waste or used oil
or other material, which is contaminated or mixed with dioxin or
any other hazardous waste identified or listed under section 3001
(other than a waste identified solely on the basis of ignitability), for
dust suppression or road treatment is prohibited.
(m) TREATMENT STANDARDS FOR WASTES SUBJECT TO LAND
DISPOSAL PROHIBITION.—(1) Simultaneously with the promulgation
of regulations under subsection (d), (e), (f), or (g) prohibiting one or
more methods of land disposal of a particular hazardous waste, and
as appropriate thereafter, the Administrator shall, after notice and
an opportunity for hearings and after consultation with appropriate
Federal and State agencies, promulgate regulations specifying
those levels or methods of treatment, if any, which substantially diminish the toxicity of the waste or substantially reduce the likelihood of migration of hazardous constituents from the waste so that
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short-term and long-term threats to human health and the environment are minimized.
(2) If such hazardous waste has been treated to the level or by
a method specified in regulations promulgated under this subsection, such waste or residue thereof shall not be subject to any
prohibition promulgated under subsection (d), (e), (f), or (g) and
may be disposed of in a land disposal facility which meets the requirements of this subtitle. Any regulation promulgated under this
subsection for a particular hazardous waste shall become effective
on the same date as any applicable prohibition promulgated under
subsection (d), (e), (f), or (g).
(n) AIR EMISSIONS.—Not later than thirty months after the
date of enactment of the Hazardous and Solid Waste Amendments
of 1984, the Administrator shall promulgate such regulations for
the monitoring and control of air emissions at hazardous waste
treatment, storage, and disposal facilities, 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) of this section shall be revised from time
to time to take into account improvements in the technology of control and measurement. At a minimum, such regulations shall require, and a permit issued pursuant to section 3005(c) after the
date of enactment of the Hazardous and Solid Waste Amendments
of 1984 by the Administrator or a State shall require—
(A) for each new landfill or surface impoundment, each
new landfill or surface impoundment unit at an existing facility, each replacement of an existing landfill or surface impoundment unit, and each lateral expansion of an existing
landfill or surface impoundment unit, for which an application
for a final determination regarding issuance of a permit under
section 3005(c) is received after the date of enactment of the
Hazardous and Solid Waste Amendments of 1984—
(i) the installation of two or more liners and a leachate
collection system above (in the case of a landfill) and between such liners; and
(ii) ground water monitoring; and
(B) for each incinerator which receives a permit under section 3005(c) after the date of enactment of the Hazardous and
Solid Waste Amendments of 1984, the attainment of the minimum destruction and removal 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) shall not apply if the owner or operator
demonstrates to the Administrator, and the Administrator finds for
such landfill or surface impoundment, that alternative design and
operating practices, together with location characteristics, will 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) may be waived by the Administrator for any monofill, if—
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(A) such monofill contains only hazardous wastes from
foundry furnace emission controls or metal casting molding
sand,
(B) such wastes do not contain constituents which would
render the wastes hazardous for reasons other than the Extraction Procedure (‘‘EP’’) toxicity characteristics set forth in
regulations under this subtitle, and
(C) such monofill meets the same requirements as are applicable in the case of a waiver under section 3005(j) (2) or (4).
(4)(A) Not later than thirty months after the date of enactment
of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall promulgate standards requiring that new landfill
units, surface impoundment units, waste piles, underground tanks
and land treatment units for the storage, treatment, or disposal of
hazardous waste identified or listed under section 3001 shall be required to utilize approved leak detection systems.
(B) For the purposes of subparagraph (A)—
(i) the term ‘‘approved leak detection system’’ means a system or technology which the Administrator determines to be
capable of detecting leaks of hazardous constituents at the earliest practicable time; and
(ii) the term ‘‘new units’’ means units on which construction commences after the date of promulgation of regulations
under this paragraph.
(5)(A) The Administrator shall promulgate regulations or issue
guidance documents implementing the requirements of paragraph
(1)(A) within two years after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984.
(B) Until the effective date of such regulations or guidance documents, the requirement for the installation of two or more liners
may be satisfied by the installation of a top liner designed, operated, and constructed of materials to prevent the migration of any
constituent into such liner during the period such facility remains
in operation (including any post-closure monitoring period), and a
lower liner designed, operated 1 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 110¥7 centimeter per second.
(6) Any permit under section 3005 which is issued for a landfill
located within the State of Alabama shall require the installation
of two or more liners and a leachate collection system above and
between such liners, notwithstanding any other provision of this
Act.
(7) In addition to the requirements set forth in this subsection,
the regulations referred to in paragraph (1) shall specify criteria for
the acceptable location of new and existing treatment, storage, or
disposal facilities as necessary to protect human health and the environment. Within 18 months after the enactment of the Hazardous
and Solid Waste Amendments of 1984, the Administrator shall
1 So

December 31, 2002

in law. Probably should be followed by a comma.

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publish guidance criteria identifying areas of vulnerable hydrogeology.
(p) GROUND WATER MONITORING.—The standards under this
section concerning ground water monitoring which are applicable to
surface impoundments, waste piles, land treatment units, and
landfills shall apply to such a facility whether or not—
(1) the facility is located above the seasonal high water
table;
(2) two liners and a leachate collection system have been
installed at the facility; or
(3) the owner or operator inspects the liner (or liners)
which has been installed at the facility.
This subsection shall not be construed to affect other exemptions
or waivers from such standards provided in regulations in effect on
the date of enactment of the Hazardous and Solid Waste Amendments of 1984 or as may be provided in revisions to those regulations, to the extent consistent with this subsection. The Administrator is authorized on a case-by-case basis to exempt from ground
water monitoring requirements under this section (including subsection (o)) any engineered structure which the Administrator finds
does not receive or contain liquid waste (nor waste containing free
liquids), is designed and operated to exclude liquid from precipitation or other runoff, utilizes multiple leak detection systems within
the outer layer of containment, and provides for continuing operation and maintenance of these leak detection systems during the
operating period, closure, and the period required for post-closure
monitoring and for which the Administrator concludes on the basis
of such findings that there is a reasonable certainty hazardous constituents will not migrate beyond the outer layer of containment
prior to the end of the period required for post-closure monitoring.
(q) HAZARDOUS WASTE USED AS FUEL.—(1) Not later than two
years after the date of the enactment of the Hazardous and Solid
Waste Amendments of 1984, and after notice and opportunity for
public hearing, the Administrator shall promulgate regulations establishing such—
(A) standards applicable to the owners and operators of facilities which produce a fuel—
(i) from any hazardous waste identified or listed under
section 3001, or
(ii) from any hazardous waste identified or listed
under section 3001 and any other material;
(B) standards applicable to the owners and operators of facilities which burn, for purposes of energy recovery, any fuel
produced as provided in subparagraph (A) or any fuel which
otherwise contains any hazardous waste identified or listed
under section 3001; and
(C) standards applicable to any person who distributes or
markets any fuel which is produced as provided in subparagraph (A) or any fuel which otherwise contains any hazardous
waste identified or listed under section 3001;
as may be necessary to protect human health and the environment.
Such standards may include any of the requirements set forth in
paragraphs (1) through (7) of subsection (a) as may be appropriate.
Nothing in this subsection shall be construed to affect or impair the
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provisions of section 3001(b)(3). For purposes of this subsection, the
term ‘‘hazardous waste listed under section 3001’’ includes any
commercial chemical product which is listed under section 3001
and which, in lieu of its original intended use, is (i) produced for
use as (or as a component of) a fuel, (ii) distributed for use as a
fuel, or (iii) burned as a fuel.
(2)(A) This subsection, subsection (r), and subsection (s) shall
not apply to petroleum refinery wastes containing oil which are
converted into petroleum coke at the same facility at which such
wastes were generated, unless the resulting coke product would exceed one or more characteristics by which a substance would be
identified as a hazardous waste under section 3001.
(B) The Administrator may exempt from the requirements of
this subsection, subsection (r), or subsection (s) facilities which
burn de minimis quantities of hazardous waste as fuel, as defined
by the Administrator, if the wastes are burned at the same facility
at which such wastes are generated; the waste is burned to recover
useful energy, as determined by the Administrator on the basis of
the design and operating characteristics of the facility and the
heating value and other characteristics of the waste; and the waste
is burned in a type of device determined by the Administrator to
be designed and operated at a destruction and removal efficiency
sufficient such that protection of human health and environment is
assured.
(C)(i) After the date of the enactment of the Hazardous and
Solid Waste Amendments of 1984 and until standards are promulgated and in effect under paragraph (2) of this subsection, no fuel
which contains any hazardous waste may be burned in any cement
kiln which is located within the boundaries of any incorporated
municipality with a population greater than five hundred thousand
(based on the most recent census statistics) unless such kiln fully
complies with regulations (as in effect on the date of the enactment
of the Hazardous and Solid Waste Amendments of 1984) under this
subtitle which are applicable to incinerators.
(ii) Any person who knowingly violates the prohibition contained in clause (i) shall be deemed to have violated section
3008(d)(2).
(r) LABELING.—(1) Notwithstanding any other provision of law,
until such time as the Administrator promulgates standards under
subsection (q) specifically superceding this requirement, it shall be
unlawful for any person who is required to file a notification in accordance with paragraph (1) or (3) of section 3010 to distribute or
market any fuel which is produced from any hazardous waste identified or listed under section 3001, or any fuel which otherwise contains any hazardous waste identified or listed under section 3001
if the invoice or the bill of sale fails—
(A) to bear the following statement: ‘‘WARNING: THIS
FUEL CONTAINS HAZARDOUS WASTES’’; and
(B) to list the hazardous wastes contained therein.
Beginning ninety days after the enactment of the Hazardous and
Solid Waste Amendments of 1984, such statement shall be located
in a conspicuous place on every such invoice or bill of sale and shall
appear in conspicuous and legible type in contrast by typography,
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layouts, or color with other printed matter on the invoice or bill of
sale.
(2) Unless the Administrator determines otherwise as may be
necessary to protect human health and the environment, this 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 are removed; and
(C) such refining waste containing oil is converted along
with normal process streams into petroleum-derived fuel products at a facility at which crude oil is refined into petroleum
products and which is classified as a number SIC 2911 facility
under the Office of Management and Budget Standard Industrial Classification Manual.
(3) Unless the Administrator 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, if (A) contaminants are removed; and (B) such oily materials are converted along with normal process streams into petroleum-derived fuel products at a facility at which crude oil is refined
into petroleum products and which is classified as a number SIC
2911 facility under the Office of Management and Budget Standard
Industrial Classification Manual.
(s) RECORDKEEPING.—Not later than fifteen months after the
date of enactment of the Hazardous and Solid Waste Amendments
of 1984, the Administrator shall promulgate regulations requiring
that any person who is required to file a notification in accordance
with subparagraph (1), (2), or (3), of section 3010(a) shall maintain
such records regarding fuel blending, distribution, or use as may be
necessary to protect human health and the environment.
(t) FINANCIAL RESPONSIBILITY PROVISIONS.—(1) Financial responsibility required by subsection (a) of this section may be established in accordance with regulations promulgated by the Administrator by any one, or any combination, of the following: insurance,
guarantee, surety bond, letter of credit, or qualification as a selfinsurer. In promulgating requirements under this section, the Administrator is authorized to specify policy or other contractual
terms, conditions, or defenses which are necessary or are unacceptable in establishing such evidence of financial responsibility in
order to effectuate the purposes of this Act.
(2) In any case where the owner or operator is in bankruptcy,
reorganization, or arrangement pursuant to the Federal Bankruptcy Code or where (with reasonable diligence) jurisdiction in
any State court or any Federal Court cannot be obtained over an
owner or operator likely to be solvent at the time of judgment, any
claim arising from conduct for which evidence of financial responsibility must be provided under this section may be asserted directly
against the guarantor providing such evidence of financial responsibility. In the case of any action pursuant to this subsection, such
guarantor shall be entitled to invoke all rights and defenses which
would have been available to the owner or operator if any action
had been brought against the owner or operator by the claimant
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and which would have been available to the guarantor if an action
had been brought against the guarantor by the owner or operator.
(3) The total liability of any guarantor shall be limited to the
aggregate amount which the guarantor has provided as evidence of
financial responsibility to the owner or operator under this Act.
Nothing in this subsection shall be construed to limit any other
State or Federal statutory, contractual or common law liability of
a guarantor to its owner or operator including, but not limited to,
the liability of such guarantor for bad faith either in negotiating or
in failing to negotiate the settlement of any claim. Nothing in this
subsection shall be construed to diminish the liability of any person
under section 107 or 111 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 or other applicable
law.
(4) For the purpose of this subsection, the term ‘‘guarantor’’
means any person, other than the owner or operator, who provides
evidence of financial responsibility for an owner or operator under
this section.
(u) CONTINUING RELEASES AT PERMITTED FACILITIES.—Standards promulgated under this section shall require, and a permit
issued after the date of enactment of the Hazardous and Solid
Waste Amendments of 1984 by the Administrator or a State shall
require, corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a treatment,
storage, or disposal facility seeking a permit under this subtitle, regardless of the time at which waste was placed in such unit. Permits issued under section 3005 shall contain schedules of compliance for such 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 ACTIONS BEYOND FACILITY BOUNDARY.—As
promptly as practicable after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator
shall amend the standards under this section regarding corrective
action required at facilities for the treatment, storage, or disposal,
of hazardous waste listed or identified under section 3001 to require that corrective action be taken beyond the facility boundary
where necessary to protect human health and the environment unless the owner or operator of the facility concerned demonstrates
to the satisfaction of the Administrator that, despite the owner or
operator’s best efforts, the owner or operator was unable to obtain
the necessary permission to undertake such action. Such regulations shall take effect immediately upon promulgation, notwithstanding section 3010(b), and shall apply to—
(1) all facilities operating under permits issued under subsection (c), and
(2) all landfills, surface impoundments, and waste pile
units (including any new units, replacements of existing units,
or lateral expansions of existing units) which receive hazardous waste after July 26, 1982.
Pending promulgation of such regulations, the Administrator shall
issue corrective action orders for facilities referred to in paragraphs
(1) and (2), on a case-by-case basis, consistent with the purposes of
this subsection.
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(w) UNDERGROUND TANKS.—Not later than March 1, 1985, the
Administrator shall promulgate final permitting standards under
this section for underground tanks that cannot be entered for inspection. Within forty-eight months after the date of the enactment
of the Hazardous and Solid Waste Amendments of 1984, such
standards shall be modified, if necessary, to cover at a minimum
all requirements and standards described in section 9003.
(x) If (1) solid waste 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 subtitle,
the Administrator is authorized to modify the requirements of subsections (c), (d), (e), (f), (g), (o), and (u) and section 3005(j), in the
case of landfills or surface impoundments receiving such solid
waste, to take into account the special characteristics of such
wastes, the practical difficulties associated with implementation of
such requirements, and site-specific characteristics, including but
not limited to the climate, geology, hydrology and soil chemistry at
the site, so long as such modified requirements assure protection
of human health and the environment.
(y) MUNITIONS.—(1) Not later than 6 months after the date of
the enactment of the Federal Facility Compliance Act of 1992, the
Administrator shall propose, after consulting with the Secretary of
Defense and appropriate State officials, regulations identifying
when military munitions become hazardous waste for purposes of
this subtitle and providing for the safe transportation and storage
of such waste. Not later than 24 months after such date, and after
notice and opportunity for comment, the Administrator shall promulgate such regulations. Any such regulations shall assure protection of human health and the environment.
(2) For purposes of this subsection, the term ‘‘military munitions’’ includes chemical and conventional munitions.
[42 U.S.C. 6924]
PERMITS FOR TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS
WASTE

SEC. 3005. (a) PERMIT REQUIREMENTS.—Not later than eighteen months after the date of the enactment of this section, the Administrator shall promulgate regulations requiring each person
owning or operating an existing facility or planning to construct a
new facility for the treatment, storage, or disposal of hazardous
waste identified or listed under this subtitle to have a permit
issued pursuant to this section. Such regulations shall take effect
on the date provided in section 3010 and upon and after such date
the treatment, storage, or disposal of any such hazardous waste
and the construction of any new facility for the treatment, storage,
or disposal of any such hazardous waste is prohibited except in accordance with such a permit. No permit shall be required under
this section in order to construct a facility if such facility is constructed pursuant to an approval issued by the Administrator
under section 6(e) of the Toxic Substances Control Act for the incinDecember 31, 2002

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eration of polychlorinated biphenyls and any person owning or operating such a facility may, at any time after operation or construction of such facility has begun, file an application for a permit pursuant to this section authorizing such facility to incinerate hazardous waste identified or listed under this subtitle.
(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, including information respecting—
(1) estimates with respect to the composition, quantities,
and concentrations of any hazardous waste identified or listed
under this subtitle, or combinations of any such hazardous
waste and any other solid waste, 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 or the products
of treatment of such hazardous waste will be disposed of, treated, transported to, or stored.
(c) PERMIT ISSUANCE.—(1) Upon a determination by the Administrator (or a State, if applicable), of compliance by a facility for
which a permit is applied for under this section with the requirements of this section and section 3004, the Administrator (or the
State) shall issue a permit for such facilities. In the event permit
applicants propose modification of their facilities, or in the event
the Administrator (or the State) determines that modifications are
necessary to conform to the requirements under this section and
section 3004, the permit shall specify the time allowed to complete
the modifications.
(2)(A)(i) Not later than the date four years after the enactment
of the Hazardous and Solid Waste Amendments of 1984, in the
case of each application under this subsection for a permit for a
land disposal facility which was submitted before such date, the
Administrator shall issue a final permit pursuant to such application or issue a final denial of such application.
(ii) Not later than the date five years after the enactment of
the Hazardous and Solid Waste Amendments of 1984, in the case
of each application for a permit under this subsection for an incinerator facility which was submitted before such date, the Administrator shall issue a final permit pursuant to such application or
issue a final denial of such application.
(B) Not later than the date eight years after the enactment of
the Hazardous and Solid Waste Amendments of 1984, in the case
of each application for a permit under this subsection for any facility (other than a facility referred to in subparagraph (A)) which
was submitted before such date, the Administrator shall issue a
final permit 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 which is administering an authorized
hazardous waste program under section 3006. Interim status under
subsection (e) shall terminate for each facility referred to in subparagraph (A)(ii) or (B) on the expiration of the five- or eight-year
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ble, unless the owner or operator of the facility applies for a final
determination regarding the issuance of a permit under this subsection within—
(i) two years after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984 (in the case of
a facility referred to in subparagraph (A)(ii)), or
(ii) four years after such date of enactment (in the case of
a facility referred to in subparagraph (B)).
(3) Any permit under this section shall be for a fixed term, not
to exceed 10 years in the case of any land disposal facility, storage
facility, or incinerator or other treatment facility. Each permit for
a land disposal facility shall be reviewed five years after date of
issuance or reissuance and shall be modified as necessary to assure
that the facility continues to comply with the currently applicable
requirements of this section and section 3004. Nothing in this subsection shall preclude the Administrator from reviewing and modifying a permit at any time during its term. Review of any application for a permit renewal shall consider improvements in the state
of control and measurement technology as well as changes in applicable regulations. Each permit issued under this section shall contain such terms and conditions as the Administrator (or the State)
determines necessary to protect human health and the environment.
(d) PERMIT REVOCATION.—Upon a determination by the Administrator (or by a State, in the case of a State having an authorized
hazardous waste program under section 3006) of noncompliance by
a facility having a permit under this title with the requirements of
this section or section 3004, the Administrator (or State, in the
case of a State having an authorized hazardous waste program
under section 3006) shall revoke such permit.
(e) INTERIM STATUS.—(1) Any person who—
(A) owns or operates a facility required to have a permit
under this section which facility—
(i) was in existence on November 19, 1980, or
(ii) is in existence on the effective date of statutory or
regulatory changes under this Act that render the facility
subject to the requirement to have a permit under this section,
(B) has complied with the requirements of section 3010(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 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 which has been previously denied a permit under this section or if authority to operate the facility under this section has been previously terminated.
(2) In the case of each land disposal facility which has been
granted interim status under this subsection before the date of enactment of the Hazardous and Solid Waste Amendments of 1984,
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interim status shall terminate on the date twelve months after the
date of the enactment of such Amendments unless the owner or operator of such facility—
(A) applies for a final determination regarding the
issuance of a permit under subsection (c) for such facility before the date twelve months after the date of the enactment of
such Amendments; and
(B) certifies that such facility is in compliance with all applicable groundwater monitoring and financial responsibility
requirements.
(3) In the case of each land disposal facility which is in existence on the effective date of statutory or regulatory changes under
this Act that render the facility subject to the requirement to have
a permit under this section and which is granted interim status
under this subsection, interim status shall terminate on the date
twelve months after the date on which the facility first becomes
subject to such permit requirement unless the owner or operator of
such facility—
(A) applies for a final determination regarding the
issuance of a permit under subsection (c) for such facility before the date twelve months after the date on which the facility
first becomes subject to such permit requirement; and
(B) certifies that such facility is in compliance with all applicable groundwater monitoring and financial responsibility
requirements.
(f) COAL MINING WASTES AND RECLAMATION PERMITS.—Notwithstanding subsection (a) through (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 shall be
deemed to be a permit issued pursuant to this section with respect
to the treatment, storage, or disposal of such wastes or overburden.
Regulations promulgated by the Administrator under this subtitle
shall not be applicable to treatment, storage, or disposal of coal
mining wastes and overburden which are covered by such a permit.
(g) RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITS.—
(1) The Administrator may issue a research, development, and
demonstration permit for any hazardous waste treatment facility
which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit
standards for such experimental activity have not been promulgated under this subtitle. Any such permit shall include such terms
and conditions as will assure protection of human health and the
environment. Such permits—
(A) shall provide for the construction of such facilities, as
necessary, and for operation of the facility for not longer than
one year (unless renewed as provided in paragraph (4)), and
(B) shall provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which
the Administrator 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
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48

(C) shall include such requirements as the Administrator
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 deems necessary regarding testing
and providing of information to the Administrator with respect
to the operation of the facility.
The Administrator 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 may, consistent with
the protection of human health and the environment, modify or
waive permit application and permit issuance requirements established in the Administrator’s general permit regulations except
that there may be no modification or waiver of regulations regarding financial responsibility (including insurance) or of procedures
established under section 7004(b)(2) regarding public participation.
(3) The Administrator may order an immediate termination of
all operations at the facility 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, storage, or disposal of hazardous waste on the premises
where such waste was generated that the permittee certify, no less
often than annually, that—
(1) the generator of the hazardous waste has a program in
place to reduce the volume or quantity and toxicity of such
waste to the degree determined by the generator to be economically practicable; and
(2) the proposed method of treatment, storage, or disposal
is that practicable method currently available to the generator
which minimizes the present and future threat to human
health and the environment.
(i) INTERIM STATUS FACILITIES RECEIVING WASTES AFTER JULY
26, 1982.—The standards concerning ground water monitoring, unsaturated zone monitoring, and corrective action, which are applicable under section 3004 to new landfills, surface impoundments,
land treatment units, and waste-pile units required to be permitted
under subsection (c) shall also apply to any landfill, surface impoundment, land treatment unit, or waste-pile unit qualifying for
the authorization to operate under subsection (e) which receives
hazardous waste after July 26, 1982.
(j) INTERIM STATUS SURFACE IMPOUNDMENTS.—(1) Except as
provided in paragraph (2), (3), or (4), each surface impoundment in
existence on the date of enactment of the Hazardous and Solid
Waste Amendments of 1984 and qualifying for the authorization to
operate under subsection (e) of this section shall not receive, store,
1 So

December 31, 2002

in law. Probably should be ‘‘responsibility’’.

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or treat hazardous waste after the date four years after such date
of enactment unless such surface impoundment is in compliance
with the requirements of section 3004(o)(1)(A) which would apply
to such impoundment if it were new.
(2) Paragraph (1) of this subsection shall not apply to any surface impoundment which (A) has at least one liner, for which there
is no evidence that such liner is leaking; (B) is located more than
one-quarter mile from an underground source of drinking water;
and (C) is in compliance with generally applicable ground water
monitoring requirements for facilities with permits under subsection (c) of this section.
(3) Paragraph (1) of this subsection shall not apply to any surface impoundment which (A) contains treated waste water during
the secondary or subsequent phases of an aggressive biological
treatment facility subject to a permit issued under section 402 of
the Clean Water Act (or which holds such treated waste water
after treatment and prior to discharge); (B) is in compliance with
generally applicable ground water monitoring requirements for facilities with permits under subsection (c) of this section; and (C)(i)
is part of a facility in compliance with section 301(b)(2) of the
Clean Water Act, or (ii) in the case of a facility for which no effluent guidelines required under section 304(b)(2) of the Clean Water
Act are in effect and no permit under section 402(a)(1) of such Act
implementing section 301(b)(2) of such Act has been issued, is part
of a facility in compliance with a permit under section 402 of such
Act, which is achieving significant degradation of toxic pollutants
and hazardous constituents contained in the untreated waste
stream and which has identified those toxic pollutants and hazardous constituents in the untreated waste stream to the appropriate permitting authority.
(4) The Administrator (or the State, in the case of a State with
an authorized program), after notice and opportunity for comment,
may modify the requirements of paragraph (1) for any surface impoundment if the owner or operator demonstrates that such surface
impoundment is located, designed and operated so as to assure that
there will be no migration of any hazardous constitutent 1 into
ground water or surface water at any future time. The Administrator or the State shall take into account locational criteria established under section 3004(o)(7).
(5) The owner or operator of any surface impoundment potentially subject to paragraph (1) who has reason to believe that on
the basis of paragraph (2), (3), or (4) such surface impoundment is
not required to comply with the requirements of paragraph (1),
shall apply to the Administrator (or the State, in the case of a
State with an authorized program) not later than twenty-four
months after the date of enactment of the Hazardous and Solid
Waste Amendments of 1984 for a determination of the applicability
of paragraph (1) (in the case of paragraph (2) or (3)) or for a modification of the requirements of paragraph (1) (in the case of paragraph (4)), with respect to such surface impoundment. Such owner
or operator shall provide, with such application, evidence pertinent
to such decision, including:
1 So

December 31, 2002

in law. Probably should be ‘‘constituent’’.

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(A) an application for a final determination regarding the
issuance of a permit under subsection (c) of this section for
such facility, if not previously submitted;
(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) or (3),
a certification by a registered professional engineer with academic training and experience in ground water hydrology
that—
(i) under paragraph (2), the liner 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 and there is no evidence
such liner is leaking; or
(ii) under paragraph (3), based on analysis of those
toxic pollutants and hazardous constituents that are likely
to be present in the untreated waste stream, such impoundment satisfies the conditions of paragraph (3).
In the case of any surface impoundment for which the owner or operator fails to apply under this paragraph within the time provided
by this paragraph or paragraph (6), such surface impoundment
shall comply with paragraph (1) notwithstanding paragraph (2),
(3), or (4). Within twelve months after receipt of such application
and evidence and not later than thirty-six months after such date
of enactment, and after notice and opportunity to comment, the Administrator (or, if appropriate, the State) shall advise such owner
or operator on the applicability of paragraph (1) to such surface impoundment or as to whether and how the requirements of paragraph (1) shall be modified and applied to such surface impoundment.
(6)(A) In any case in which a surface impoundment becomes
subject to paragraph (1) after the date of enactment of the Hazardous and Solid Waste Amendments of 1984 due to the promulgation of additional listings or characteristics for the identification of
hazardous waste under section 3001, the period for compliance in
paragraph (1) shall be four years after the date of such promulgation, the period for demonstrations under paragraph (4) and for
submission of evidence under paragraph (5) shall be not later than
twenty-four months after the date of such promulgation, and the
period for the Administrator (or if appropriate, the State) to advise
such owners or operators under paragraph (5) shall be not later
than thirty-six months after the date of promulgation.
(B) In any case in which a surface impoundment is initially determined to be excluded from the requirements of paragraph (1)
but due to a change in condition (including the existence of a leak)
no longer satisfies the provisions of paragraph (2), (3), or (4) and
therefore becomes subject to paragraph (1), the period for compliance in paragraph (1) shall be two years after the date of discovery
of such change of condition, or in the case of a surface impoundDecember 31, 2002

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ment excluded under paragraph (3) three years after such date of
discovery.
(7)(A) The Administrator shall study and report to the Congress on the number, range of size, construction, 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) from the requirements of
paragraph (1). Such report shall address the need, feasibility, and
estimated costs of subjecting such existing surface impoundments
to the requirements of paragraph (1).
(B) In the case of any existing surface impoundment or class
of surface impoundments from which the Administrator (or the
State, in the case of a State with an authorized program) determines hazardous constituents are likely to migrate into ground
water, the Administrator (or if appropriate, the State) is authorized
to impose such requirements as may be necessary to protect human
health and the environment, including the requirements of section
3004(o) which would apply to such impoundments if they were new.
(C) In the case of any surface impoundment excluded by paragraph (3) from the requirements of paragraph (1) which is subsequently determined to be leaking, the Administrator (or, if appropriate, the State) shall require compliance with paragraph (1), unless the Administrator (or, if appropriate, the State) determines
that such compliance is not necessary to protect human health and
the environment.
(8) In the case of any surface impoundment in which the liners
and leak detection system have been installed pursuant to the requirements of paragraph (1) and in good faith compliance with section 3004(o) and the Administrator’s regulations and guidance documents governing liners and leak detection systems, no liner or
leak detection system which is different from that which was so installed pursuant to paragraph (1) shall be required for such unit
by the Administrator when issuing the first permit under this section to such facility. Nothing in this paragraph shall preclude the
Administrator from requiring installation of a new liner when the
Administrator has reason to believe that any liner installed pursuant to the requirements of this subsection is leaking.
(9) In the case of any surface impoundment which has been excluded by paragraph (2) on the basis of a liner meeting the definition under paragraph (12)(A)(ii), at the closure of such impoundment the Administrator shall require the owner or operator of such
impoundment to remove or decontaminate all waste residues, all
contaminated liner material, and contaminated soil to the extent
practicable. If all contaminated soil is not removed or decontaminated, the owner or operator of such impoundment shall be required to comply with appropriate post-closure requirements, including but not limited to ground water monitoring and corrective
action.
(10) Any incremental cost attributable to the requirements of
this subsection or section 3004(o) shall not be considered by the Administrator (or the State, in the case of a State with an authorized
program under section 402 of the Clean Water Act)—
(A) in establishing effluent limitations and standards
under section 301, 304, 306, 307, or 402 of the Clean Water Act
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based on effluent limitations guidelines and standards promulgated any time before twelve months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984;
or
(B) in establishing any other effluent limitations to carry
out the provisions of section 301, 307, or 402 of the Clean
Water Act on or before October 1, 1986.
(11)(A) If the Administrator allows a hazardous waste which is
prohibited from one or more methods of land disposal under subsection (d), (e), or (g) of section 3004 (or under regulations promulgated by the Administrator under such subsections) to be placed in
a surface impoundment (which is operating pursuant to interim
status) for storage or treatment, such impoundment shall meet the
requirements that are applicable to new surface impoundments
under section 3004(o)(1), unless such impoundment meets the requirements of paragraph (2) or (4).
(B) In the case of any hazardous waste which is prohibited
from one or more methods of land disposal under subsection (d),
(e), or (g) of section 3004 (or under regulations promulgated by the
Administrator under such subsection) the placement or maintenance of such hazardous waste in a surface impoundment for treatment is prohibited as of the effective date of such prohibition unless the treatment residues which are hazardous are, at a minimum, removed for subsequent management within one year of the
entry of the waste into the surface impoundment.
(12)(A) For the purposes of paragraph (2)(A) of this subsection,
the term ‘‘liner’’ means—
(i) a liner designed, constructed, installed, and operated to
prevent hazardous waste from passing into the liner at any
time during the active life of the facility; or
(ii) a liner designed, constructed, installed, and operated to
prevent hazardous waste from migrating beyond the liner to
adjacent subsurface soil, ground water, or surface water at any
time during the active life of the facility.
(B) For the purposes of this subsection, the term ‘‘aggressive
biological treatment facility’’ means a system of surface impoundments in which the initial impoundment of the secondary treatment segment of the facility utilizes intense mechanical aeration to
enhance biological activity to degrade waste water pollutants and
(i) the hydraulic retention time in such initial impoundment is no longer than 5 days under normal operating conditions, on an annual average basis;
(ii) the hydraulic retention time in such initial impoundment is no longer than thirty days under normal operating
conditions, on an annual average basis: Provided, That the
sludge in such impoundment does not constitute a hazardous
waste as identified by the extraction procedure toxicity characteristic in effect on the date of enactment of the Hazardous
and Solid Waste Amendments of 1984; or
(iii) such system utilizes activated sludge treatment in the
first portion of secondary treatment.
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(C) For the purposes of this subsection, the term ‘‘underground
source or 1 drinking water’’ has the same meaning as provided in
regulations under the Safe Drinking Water Act (title XIV of the
Public Health Service Act).
(13) The Administrator may modify the requirements of paragraph (1) in the case of a surface impoundment for which the
owner or operator, prior to October 1, 1984, has entered into, and
is in compliance with, a consent order, decree, or agreement with
the Administrator or a State with an authorized program mandating corrective action with respect to such surface impoundment
that provides a degree of protection of human health and the environment which is at a minimum equivalent to that provided by
paragraph (1).
[42 U.S.C. 6925]
AUTHORIZED STATE HAZARDOUS WASTE PROGRAMS

SEC. 3006. (a) FEDERAL GUIDELINES.—Not later than eighteen
months after the date of enactment of this Act, the Administrator,
after consultation with State authorities, shall promulgate guidelines to assist States in the development of State hazardous waste
programs.
(b) AUTHORIZATION OF STATE PROGRAM.—Any State which
seeks to administer and enforce a hazardous waste program pursuant to this subtitle may develop and, after notice and opportunity
for public hearing, submit to the Administrator an application, in
such form as he shall require, for authorization of such program.
Within ninety days following submission of an application under
this subsection, the Administrator shall issue a notice as to whether or not he expects such program 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 is authorized to carry out such program in lieu of the Federal
program under this subtitle in such State and to issue and enforce
permits for the storage, treatment, or disposal of hazardous waste
(and to enforce permits deemed to have been issued under section
3012(d)(1)) 1 unless, within ninety days following submission of the
application the Administrator notifies such State that such program may not be authorized and, within ninety days following such
notice and after opportunity for public hearing, he finds that (1)
such State program is not equivalent to the Federal program under
this subtitle, (2) such program is not consistent with the Federal
or State programs applicable in other States, or (3) such program
does not provide adequate enforcement of compliance with the requirements of this subtitle. In authorizing a State program, the Administrator may base his findings on the Federal program in effect
one year prior to submission of a State’s application or in effect on
January 26, 1983, whichever is later.
(c) INTERIM AUTHORIZATION.—(1) Any State which has in existence a hazardous waste program pursuant to State law before the
1 So

in law. Probably should be ‘‘of’’.
reference in section 3006(b) to section 3012(d)(1) should be a reference to section
3014(d)(1), pursuant to the renumbering made by Public Law 98–616.
1 The

December 31, 2002

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date ninety days after the date of promulgation of regulations
under sections 3002, 3003, 3004, and 3005, may submit to the Administrator evidence of such existing program and may request a
temporary authorization to carry out such program under this subtitle. The Administrator shall, if the evidence submitted shows the
existing State program to be substantially equivalent to the Federal program under this subtitle, grant an interim authorization to
the State to carry out such program in lieu of the Federal program
pursuant to this subtitle for a period ending no later than January
31, 1986.
(2) The Administrator shall, by rule, establish a date for the
expiration of interim authorization under this subsection.
(3) Pending interim or final authorization of a State program
for any State which reflects the amendments made by the Hazardous and Solid Waste Amendments of 1984, the State may enter
into an agreement with the Administrator under which the State
may assist in the administration of the requirements and prohibitions which take effect pursuant to such Amendments.
(4) In the case of a State permit program for any State which
is authorized under subsection (b) or under this subsection, until
such program is amended to reflect the amendments made by the
Hazardous and Solid Waste Amendments of 1984 and such program amendments receive interim or final authorization, the Administrator shall have the authority in such State to issue or deny
permits or those portions of permits affected by the requirements
and prohibitions established by the Hazardous and Solid Waste
Amendments of 1984. The Administrator shall coordinate with
States the procedures for issuing such permits.
(d) EFFECT OF STATE PERMIT.—Any action taken by a State
under a hazardous waste program authorized under this section
shall have the same force and effect as action taken by the Administrator under this subtitle.
(e) WITHDRAWAL OF AUTHORIZATION.—Whenever the Administrator determines after public hearing that a State is not administering and enforcing a program authorized under this section in
accordance with requirements of this section, he shall so notify the
State and, if appropriate corrective action is not taken within a
reasonable time, not to exceed ninety days, the Administrator shall
withdraw authorization of such program and establish a Federal
program pursuant to this subtitle. The Administrator shall not
withdraw authorization of any such program unless he shall first
have notified the State, and made public, in writing, the reasons
for such withdrawal.
(f) AVAILABILITY OF INFORMATION.—No State program may be
authorized by the Administrator under this section unless—
(1) such program provides for the public availability of information obtained by the State regarding facilities and sites
for the treatment, storage, and disposal of hazardous waste;
and
(2) such information is available to the public in substantially the same manner, and to the same degree, as would be
the case if the Administrator was carrying out the provisions
of this subtitle in such State.
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(g) AMENDMENTS MADE BY 1984 ACT.—(1) Any requirement or
prohibition which is applicable to the generation, transportation,
treatment, storage, or disposal of hazardous waste and which is imposed under this subtitle pursuant to the amendments made by the
Hazardous and Solid Waste Amendments of 1984 shall take effect
in each State having an interim or finally authorized State program on the same date as such requirement takes effect in other
States. The Administrator shall carry out such requirement directly in each such State unless the State program is finally authorized (or is granted interim authorization as provided in paragraph (2)) with respect to such requirement.
(2) Any State which, before the date of the enactment of the
Hazardous and Solid Waste Amendments of 1984 1 has an existing
hazardous waste program which has been granted interim or final
authorization under this section may submit to the Administrator
evidence that such existing program contains (or has been amended
to include) any requirement which is substantially equivalent to a
requirement referred to in paragraph (1) and may request interim
authorization to carry out that requirement under this subtitle.
The Administrator shall, if the evidence submitted shows the State
requirement to be substantially equivalent to the requirement referred to in paragraph (1), grant an interim authorization to the
State to carry out such requirement in lieu of direct administration
in the State by the Administrator of such requirement.
(h) STATE PROGRAMS FOR USED OIL.—In the case of used oil
which is not listed or identified under this subtitle as a hazardous
waste but which is regulated under section 3014, the provisions of
this section regarding State programs shall apply in the same manner and to the same extent as such provisions apply to hazardous
waste identified or listed under this subtitle.
[42 U.S.C. 6926]
INSPECTIONS

SEC. 3007. (a) ACCESS ENTRY.—For purposes of developing or
assisting in the development of any regulation or enforcing the provisions of this title, any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous
wastes shall, upon request of any officer, employee or representative of the Environmental Protection Agency, duly designated by
the Administrator, or upon request of any duly designated officer,
employee or representative of a State having an authorized hazardous waste program, furnish information relating to such wastes
and permit such person 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 title, such officers, employees or
representatives are authorized—
(1) to enter at reasonable times any establishment or other
place where hazardous wastes are or have been generated,
stored, treated, disposed of, or transported from;
1 So

December 31, 2002

in law. Probably should be followed by a comma.

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(2) to inspect and obtain samples from any person of any
such wastes and samples of any containers or labeling for such
wastes.
Each such inspection shall be commenced and completed with reasonable promptness. If the officer, employee or representative obtains any samples, prior to leaving the premises, he shall give to
the owner, operator, or agent in charge a receipt describing the
sample obtained and if requested a portion of each such sample
equal in volume or weight to the portion retained. If any analysis
is made of such samples, a copy of the results of such analysis shall
be furnished promptly to the owner, operator, or agent in charge.
(b) AVAILABILITY TO PUBLIC.—(1) Any records, reports, or information (including records, reports, or information obtained by representatives of the Environmental Protection Agency) obtained
from any person under this section shall be available to the public,
except that upon a showing satisfactory to the Administrator (or
the State, as the case may be) by any person that records, reports,
or information, or particular part thereof, to which the Administrator (or the State, as the case may be) or any officer, employee
or representative thereof has access under this section if made public, would divulge information entitled to protection under section
1905 of title 18 of the United States Code, such information or particular portion thereof shall be considered confidential in accordance with the purposes of that section, except that such record, report, document, or information may be disclosed to other officers,
employees, or authorized representatives of the United States concerned with carrying out this Act, or when relevant in any proceeding under this Act.
(2) Any person not subject to the provisions of section 1905 of
title 18 of the United States Code who knowingly and willfully divulges or discloses any information entitled to protection under this
subsection shall, upon conviction, be subject to a fine of not more
than $5,000 or to imprisonment not to exceed one year, or both.
(3) In submitting data under this Act, a person required to provide such data may—
(A) designate the data which such person believes is entitled to protection under this subsection, and
(B) submit such designated data separately from other
data submitted under this Act.
A designation under this paragraph shall be made in writing and
in such manner as the Administrator may prescribe.
(4) Notwithstanding any limitation contained in this section or
any other provision of law, all information reported to, or otherwise
obtained by, the Administrator (or any representative of the Administrator) under this Act shall be made available, upon written
request of any duly authorized committee of the Congress, to such
committee.
(c) FEDERAL FACILITY INSPECTIONS.—The Administrator shall
undertake on an annual basis a thorough inspection of each facility
for the treatment, storage, or disposal of hazardous waste which is
owned or operated by a department, agency, or instrumentality of
the United States to enforce its compliance with this subtitle and
the regulations promulgated thereunder. Any State with an authorized hazardous waste program also may conduct an inspection of
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any such facility for purposes of enforcing the facility’s compliance
with the State hazardous waste program. The records of such inspections shall be available to the public as provided in subsection
(b). The department, agency, or instrumentality owning or operating each such facility shall reimburse the Environmental Protection Agency for the costs of the inspection of the facility. With respect to the first inspection of each such facility occurring after the
date of the enactment of the Federal Facility Compliance Act of
1992, the Administrator shall conduct a comprehensive ground
water monitoring evaluation at the facility, unless such an evaluation was conducted during the 12-month period preceding such
date of enactment.
(d) STATE-OPERATED FACILITIES.—The Administrator shall annually undertake a thorough inspection of every facility for the
treatment, storage, or disposal of hazardous waste which is operated by a State or local government for which a permit is required
under section 3005 of this title. The records of such inspection shall
be available to the public as provided in subsection (b).
(e) MANDATORY INSPECTIONS.—(1) The Administrator (or the
State in the case of a State having an authorized hazardous waste
program under this subtitle) shall commence a program to thoroughly inspect every facility for the treatment, storage, or disposal
of hazardous waste for which a permit is required under section
3005 no less often than every two years as to its compliance with
this subtitle (and the regulations promulgated under this subtitle).
Such inspections shall commence not later than twelve months
after the date of enactment of the Hazardous and Solid Waste
Amendments of 1984. The Administrator shall, after notice and opportunity for public comment, promulgate regulations governing
the minimum frequency and manner of such inspections, including
the manner in which records of such inspections shall be maintained and the manner in which reports of such inspections shall
be filed. The Administrator may distinguish between classes and
categories of facilities commensurate with the risks posed by each
class or category.
(2) Not later than six months after the date of enactment of
the Hazardous and Solid Waste Amendments of 1984, the Administrator shall submit to the Congress a report on the potential for inspections of hazardous waste treatment, storage, or disposal facilities by nongovernmental inspectors as a supplement to inspections
conducted by officers, employees, or representatives of the Environmental Protection Agency or States having authorized hazardous
waste programs or operating under a cooperative agreement with
the Administrator. Such report shall be prepared in cooperation
with the States, insurance companies offering environmental impairment insurance, independent companies providing inspection
services, and other such groups as appropriate. Such report shall
contain recommendations on provisions and requirements for a program of private inspections to supplement governmental inspections.
[42 U.S.C. 6927]
December 31, 2002

Q:\COMP\ENVIR2\RCRA
Sec. 3008

SOLID WASTE DISPOSAL ACT

58

FEDERAL ENFORCEMENT

SEC. 3008. (a) COMPLIANCE ORDERS.—(1) Except as provided in
paragraph (2), whenever on the basis of any information the Administrator determines that any person has violated or is in violation of any requirement of this subtitle, the Administrator may
issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time
period, or both, or the Administrator may commence a civil action
in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction.
(2) In the case of a violation of any requirement of this subtitle
where such violation occurs in a State which is authorized to carry
out a hazardous waste program under section 3006, the Administrator shall give notice to the State in which such violation has occurred prior to issuing an order or commencing a civil action under
this section.
(3) Any order issued pursuant to this subsection may include
a suspension or revocation of any permit issued by the Administrator or a State under this subtitle and shall state with reasonable
specificity the nature of the violation. Any penalty assessed in the
order shall not exceed $25,000 per day of noncompliance for each
violation of a requirement of this subtitle. In assessing such a penalty, the Administrator shall take into account the seriousness of
the violation and any good faith efforts to comply with applicable
requirements.
(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 or persons named therein request a public
hearing. Upon such request the Administrator shall promptly conduct a public hearing. In connection with any proceeding under this
section the Administrator 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 may assess a civil penalty of not more
than $25,000 for each day of continued noncompliance with the
order and the Administrator may suspend or revoke any permit
issued to the violator (whether issued by the Administrator or the
State).
(d) CRIMINAL PENALTIES.—Any person who—
(1) knowingly transports or causes to be transported any
hazardous waste identified or listed under this subtitle to a facility which does not have a permit under this subtitle, or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052),
(2) knowingly treats, stores, or disposes of any hazardous
waste identified or listed under this subtitle—
(A) without a permit under this subtitle or pursuant
to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052); or
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Sec. 3008

(B) in knowing violation of any material condition or
requirement of such permit; or
(C) in knowing violation of any material condition or
requirement of any applicable interim status regulations
or standards;
(3) knowingly omits material information or makes any
false material statement or representation in any application,
label, manifest, record, report, permit, or other document filed,
maintained, or used for purposes of compliance with regulations promulgated by the Administrator (or by a State in the
case of an authorized State program) under this subtitle;
(4) knowingly generates, stores, treats, transports, disposes
of, exports, or otherwise handles any hazardous waste or any
used oil not identified or listed as a hazardous waste under
this subtitle (whether such activity took place before or takes
place after the date of the enactment of this paragraph) and
who knowingly destroys, alters, conceals, or fails to file any
record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance
with regulations promulgated by the Administrator (or by a
State in the case of an authorized State program) under this
subtitle;
(5) knowingly transports without a manifest, or causes to
be transported without a manifest, any hazardous waste or any
used oil not identified or listed as a hazardous waste under
this subtitle required by regulations promulgated under this
subtitle (or by a State in the case of a State program authorized under this subtitle) to be accompanied by a manifest;
(6) knowingly exports a hazardous waste identified or listed under this subtitle (A) without the consent of the receiving
country or, (B) where there exists an international agreement
between the United States and the government of the receiving
country establishing notice, export, and enforcement procedures for the transportation, treatment, storage, and disposal
of hazardous wastes, in a manner which is not in conformance
with such agreement; or
(7) knowingly stores, treats, transports, or causes to be
transported, disposes of, or otherwise handles any used oil not
identified or listed as a hazardous waste under subtitle C of
the Solid Waste Disposal Act 1—
(A) in knowing violation of any material condition or
requirement of a permit under this subtitle C; or
(B) in knowing violation of any material condition or
requirement of any applicable regulations or standards
under this Act;
shall, upon conviction, be subject to a fine of not more than $50,000
for each day of violation, or imprisonment not to exceed two years
(five years in the case of a violation of paragraph (1) or (2)), or
both. If the conviction is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment under the respective paragraph shall be doubled with respect
to both fine and imprisonment.
1 So

December 31, 2002

in law. Probably should be ‘‘under this subtitle’’.

Q:\COMP\ENVIR2\RCRA
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60

(e) KNOWING ENDANGERMENT.—Any person who knowingly
transports, treats, stores, disposes of, or exports any hazardous
waste identified or listed under this subtitle or used oil not identified or listed as a hazardous waste under this subtitle in violation
of paragraph (1), (2), (3), (4), (5), (6), or (7) of subsection (d) of this
section who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall,
upon conviction, be subject to a fine of not more than $250,000 or
imprisonment for not more than fifteen years, or both. A defendant
that is an organization 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)—
(1) A person’s state 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 danger of
death or serious bodily injury.
(2) In determining whether a defendant who is a natural
person knew that his conduct placed another person in imminent danger of death or serious bodily injury—
(A) the person is responsible only for actual awareness
or actual belief that he possessed; and
(B) knowledge possessed by a person other than the
defendant but not by the defendant himself may not be attributed to the defendant;
Provided, That in proving the defendant’s possession of actual
knowledge, circumstantial evidence may be used, including evidence that the defendant took affirmative steps to shield himself from relevant information.
(3) It is an affirmative defense to a prosecution that the
conduct charged was consented to by the person endangered
and that the danger and conduct charged were reasonably foreseeable hazards of—
(A) an occupation, a business, or a profession; or
(B) medical treatment or medical or scientific experimentation conducted by professionally approved methods
and such other person 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) and shall be
determined by the courts of the United States 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, company, association,
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Sec. 3009

firm, partnership, joint stock company, foundation, institution,
trust, society, union, or any other association of persons.
(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, or mental faculty.
(g) CIVIL PENALTY.—Any person who violates any requirement
of this subtitle shall be liable to the United States for a civil penalty in an amount not to exceed $25,000 for each such violation.
Each day of such violation shall, for purposes of this subsection,
constitute a separate violation.
(h) INTERIM STATUS CORRECTIVE ACTION ORDERS.—(1) Whenever on the basis of any information the Administrator determines
that there is or has been a release of hazardous waste into the environment from a facility authorized to operate under section
3005(e) of this subtitle, the Administrator 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 may commence a civil action in the United
States district court in the district in which the facility 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 to operate under section
3005(e) of this subtitle, shall state with reasonable specificity the
nature of the required corrective action or other response measure,
and shall specify a time for compliance. If any person named in an
order fails to comply with the order, the Administrator may assess,
and such person shall be liable to the United States for, a civil penalty in an amount not to exceed $25,000 for each day of noncompliance with the order.
[42 U.S.C. 6928]
RETENTION OF STATE AUTHORITY

SEC. 3009. Upon the effective date of regulations under this
subtitle no State or political subdivision may impose any requirements less stringent than those authorized under this subtitle respecting the same matter as governed by such regulations, except
that if application of a regulation with respect to any matter under
this subtitle is postponed or enjoined by the action of any court, no
State 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 title shall be construed to
prohibit any State 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 title (or in any regulation adopted under this title) shall be
construed to prohibit any State from requiring that the State be
provided with a copy of each manifest used in connection with hazDecember 31, 2002

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Sec. 3010

SOLID WASTE DISPOSAL ACT

62

ardous waste which is generated within that State or transported
to a treatment, storage, or disposal facility within that State.
[42 U.S.C. 6929]
EFFECTIVE DATE

SEC. 3010. (a) PRELIMINARY NOTIFICATION.—Not later than
ninety days after promulgation of regulations under section 3001
identifying by its characteristics or listing any substance as hazardous waste subject to this subtitle, any person generating or
transporting such substance or owning or operating a facility for
treatment, storage, or disposal of such substance shall file with the
Administrator (or with States having authorized hazardous waste
permit programs under section 3006) a notification stating the location and general description of such activity and the identified or
listed hazardous wastes handled by such person. Not later than fifteen months after the date of enactment of the Hazardous and
Solid Waste Amendments of 1984—
(1) the owner or operator of any facility which produces a
fuel (A) from any hazardous waste identified or listed under
section 3001, (B) from such hazardous waste identified or listed
under section 3001 and any other material, (C) from used oil,
or (D) from used oil and any other material;
(2) the owner or operator of any facility (other than a
single- or two-family residence) which burns for purposes of energy recovery any fuel produced as provided in paragraph (1)
or any fuel which otherwise contains used oil or any hazardous
waste identified or listed under section 3001; and
(3) any person who distributes or markets any fuel which
is produced as provided in paragraph (1) or any fuel which otherwise contains used oil or any hazardous waste identified or
listed under section 3001 1
shall file with the Administrator (and with the State in the case
of a State with an authorized hazardous waste program) a notification stating the location and general description of the facility, together with a description of the identified or listed hazardous waste
involved and, in the case of a facility referred to in paragraph (1)
or (2), a description of the production or energy recovery activity
carried out at the facility and such other information as the Administrator deems necessary. For purposes of the preceding provisions,
the term ‘‘hazardous waste listed under section 3001’’ also includes
any commercial chemical product which is listed under section
3001 and which, in lieu of its original intended use, is (i) produced
for use as (or as a component of) a fuel, (ii) distributed for use as
a fuel, or (iii) burned as a fuel. Notification shall not be required
under the second sentence of this subsection in the case of facilities
(such as residential boilers) where the Administrator determines
that such notification is not necessary in order for the Administrator to obtain sufficient information respecting current practices
of facilities using hazardous waste for energy recovery. Nothing in
this subsection shall be construed to affect or impair the provisions
of section 3001(b)(3). Nothing in this subsection shall affect regu1 So

December 31, 2002

in law. Probably should be followed by a semicolon.

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63

SOLID WASTE DISPOSAL ACT

Sec. 3011

latory determinations under section 3014. In revising any regulation under section 3001 identifying additional characteristics of
hazardous waste or listing any additional substance as hazardous
waste subject to this subtitle, the Administrator may require any
person referred to in the preceding provision to file with the Administrator (or with States having authorized hazardous waste permit programs under section 3006) the notification described in the
preceding provision. Not more than one such notification shall be
required to be filed with respect to the same substance. No identified or listed hazardous waste subject to this subtitle 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 subtitle respecting requirements applicable to the generation,
transportation, treatment, storage, or disposal of hazardous waste
(including requirements respecting permits for such treatment,
storage, or disposal) 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 may provide for a shorter period
prior to the effective date, or an immediate effective date for:
(1) a regulation with which the Administrator finds the
regulated community does not need six months to come into
compliance;
(2) a regulation which responds to an emergency situation;
or
(3) other good cause found and published with the regulation.
[42 U.S.C. 6930]
AUTHORIZATION OF ASSISTANCE TO STATES

SEC. 3011. (a) AUTHORIZATION.—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 for purposes of assisting the States
in the development and implementation of authorized State hazardous waste programs.
(b) ALLOCATION.—Amounts authorized to be appropriated
under subsection (a) shall be allocated among the States on the
basis of regulations promulgated by the Administrator, after consultation with the States, which take into account, the extent to
which hazardous waste is generated, transported, treated, stored,
and disposed of within such State, the extent of exposure of human
beings and the environment within such State to such waste, and
such other factors as the Administrator deems appropriate.
(c) ACTIVITIES INCLUDED.—State hazardous waste programs for
which grants may be made under subsection (a) may include (but
1 So

December 31, 2002

in law. Probably should be followed by a comma.

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Sec. 3012

SOLID WASTE DISPOSAL ACT

64

shall not be limited to) planning for hazardous waste treatment,
storage and disposal facilities, and the development and execution
of programs to protect health and the environment from inactive
facilities which may contain hazardous waste.
[42 U.S.C. 6931]
HAZARDOUS WASTE SITE INVENTORY

SEC. 3012. (a) STATE INVENTORY PROGRAMS.—Each State shall,
as expeditiously as practicable, undertake a continuing program to
compile, publish, and submit to the Administrator an inventory describing the location of each site within such State at which hazardous waste has at any time been stored or disposed of. Such inventory shall contain—
(1) a description of the location of the sites at which any
such storage or disposal has taken place before the date on
which permits are required under section 3005 for such storage
or disposal;
(2) such information relating to the amount, nature, and
toxicity of the hazardous waste at each such site as may be
practicable to obtain and as may be necessary to determine the
extent of any health hazard which may be associated with such
site;
(3) the name and address, or corporate headquarters of,
the owner of each such site, determined as of the date of preparation of the inventory;
(4) an identification of the types or techniques of waste
treatment or disposal 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 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 in compiling information under
this section, the Administrator shall make available to each State
undertaking a program under this section such information as is
available to him concerning the items specified in paragraphs (1)
through (5) with respect to the sites within such State, including
such information as the Administrator is able to obtain from other
agencies or departments of the United States and from surveys and
studies carried out by any committee or subcommittee of the Congress. Any State may exercise the authority of section 3007 for purposes of this section in the same manner and to the same extent
as provided in such section in the case of States having an authorized hazardous waste program, and any State may by order require
any person to submit such information as may be necessary to compile the data referred to in paragraphs (1) through (5).
(b) ENVIRONMENTAL PROTECTION AGENCY PROGRAM.—If the
Administrator determines that any State program under subsection
(a) is not adequately providing information respecting the sites in
such State referred to in subsection (a), the Administrator shall notify the State. If within ninety days following such notification, the
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SOLID WASTE DISPOSAL ACT

Sec. 3013

State program has not been revised or amended in such manner as
will adequately provide such information, the Administrator shall
carry out the inventory program in such State. In any such case—
(1) the Administrator shall have the authorities provided
with respect to State programs under subsection (a);
(2) the funds allocated under subsection (c) for grants to
States under this section may be used by the Administrator for
carrying out such program in such State; and
(3) no further expenditure may be made for grants to such
State under this section until such time as the Administrator
determines that such State is carrying out, or will carry out,
an inventory program which meets the requirements of this
section.
(c) GRANTS.—(1) Upon receipt of an application submitted by
any State to carry out a program under this section, the Administrator may make grants to the States for purposes of carrying out
such a program. Grants under this section shall be allocated among
the several States by the Administrator based upon such regulations as he prescribes to carry out the purposes of this section. The
Administrator may make grants to any State which has conducted
an inventory program which effectively carried out the purposes of
this section before the date of the enactment of the Solid Waste
Disposal Act Amendments of 1980 to reimburse such State for all,
or any portion of, the costs incurred by such State in conducting
such program.
(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 or any State should, pending completion of the inventory required under this section, postpone undertaking any enforcement
or remedial action with respect to any site at which hazardous
waste has been treated, stored, or disposed of.
[42 U.S.C. 6933]
MONITORING, ANALYSIS, AND TESTING

SEC. 3013. (a) AUTHORITY OF ADMINISTRATOR.—If the Administrator determines, upon receipt of any information, that—
(1) the presence of any hazardous waste at a facility or site
at which hazardous waste is, or has been, stored, treated, or
disposed of, or
(2) the release of any such waste from such facility or site
may present a substantial hazard to human health or the environment, he may issue an order requiring the owner or operator of
such facility or site to conduct such monitoring, testing, analysis,
and reporting with respect to such facility or site as the Administrator deems reasonable to ascertain the nature and extent of such
hazard.
(b) PREVIOUS OWNERS AND OPERATORS.—In the case of any facility or site not in operation at the time a determination is made
under subsection (a) with respect to the facility or site, if the Administrator finds that the owner of such facility or site could not
reasonably be expected to have actual knowledge of the presence of
December 31, 2002

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Sec. 3014

SOLID WASTE DISPOSAL ACT

66

hazardous waste at such facility or site and of its potential for release, he may issue an order requiring the most recent previous
owner or operator of such facility or site who could reasonably be
expected to have such actual knowledge to carry out the actions referred to in subsection (a).
(c) PROPOSAL.—An order under subsection (a) or (b) shall require the person to whom such order is issued to submit to the Administrator within 30 days from the issuance of such order a proposal for carrying out the required monitoring, testing, analysis,
and reporting. The Administrator may, after providing such person
with an opportunity to confer with the Administrator respecting
such proposal, require such person to carry out such monitoring,
testing, analysis, and reporting in accordance with such proposal,
and such modifications in such proposal as the Administrator
deems reasonable to ascertain the nature and extent of the hazard.
(d) MONITORING, ETC., CARRIED OUT BY ADMINISTRATOR.—(1) If
the Administrator determines that no owner or operator referred to
in subsection (a) or (b) is able to conduct monitoring, testing, analysis, or reporting satisfactory to the Administrator, if the Administrator deems any such action carried out by an owner or operator
to be unsatisfactory, or if the Administrator cannot initially determine that there is an owner or operator referred to in subsection
(a) or (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 associated with the site concerned, or
(B) authorize a State or local authority or other person to
carry out any such action,
and require, by order, the owner or operator referred to in subsection (a) or (b) to reimburse the Administrator or other authority
or person 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 which confirms the results of an order issued under subsection (a) or (b).
(3) For purposes of carrying out this subsection, the Administrator or any authority or other person authorized under paragraph
(1), may exercise the authorities set forth in section 3007.
(e) ENFORCEMENT.—The Administrator may commence a civil
action against any person who fails or refuses to comply with any
order issued under this section. Such action shall be brought in the
United States 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.
[42 U.S.C. 6934]
RESTRICTIONS ON RECYCLED OIL

SEC. 3014. (a) IN GENERAL.—Not later than one year after the
date of the enactment of this section, the Administrator shall proDecember 31, 2002

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SOLID WASTE DISPOSAL ACT

Sec. 3014

mulgate regulations establishing such performance standards and
other requirements as may be necessary to protect the public
health and the environment from hazards associated with recycled
oil. In developing such regulations, the Administrator shall conduct
an analysis of the economic impact of the regulations on the oil recycling industry. The Administrator shall ensure that such regulations do not discourage the recovery or recycling of used oil, 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 the date of enactment
of the Hazardous and Solid Waste Amendments of 1984 the Administrator shall propose whether to list or identify used automobile
and truck crankcase oil as hazardous waste under section 3001.
Not later than twenty-four months after such date of enactment,
the Administrator shall make a final determination whether to list
or identify used automobile and truck crankcase oil and other used
oil as hazardous wastes under section 3001.
(c) USED OIL WHICH IS RECYCLED.—(1) With respect to generators and transporters of used oil identified or listed as a hazardous
waste under section 3001, the standards promulgated under section 1 3001(d), 3002, and 3003 of this subtitle shall not apply to
such used oil if such used oil is recycled.
(2)(A) In the case of used oil which is exempt under paragraph
(1), not later than twenty-four months after the date of enactment
of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall promulgate such standards under this subsection
regarding the generation and transportation of used oil which is recycled as may be necessary to protect human health and the environment. In promulgating such regulations with respect to generators, the Administrator shall take into account the effect of such
regulations on environmentally acceptable types of used oil recycling and the effect of such regulations on small quantity generators and generators which are small businesses (as defined by the
Administrator).
(B) The regulations promulgated under this subsection shall
provide that no generator of used oil which is exempt under paragraph (1) from the standards promulgated under section 1 3001(d),
3002, and 3003 shall be subject to any manifest requirement or any
associated recordkeeping and reporting requirement with respect to
such used oil if such generator—
(i) either—
(I) enters into an agreement or other arrangement (including an agreement or arrangement with an independent transporter or with an agent of the recycler) for
delivery of such used oil to a recycling facility which has
a permit under section 3005(c) (or for which a valid permit
is deemed to be in effect under subsection (d)), or
(II) recycles such used oil at one or more facilities of
the generator which has such a permit under section 3005
of this subtitle (or for which a valid permit is deemed to
have been issued under subsection (d) of this section);
(ii) such used oil is not mixed by the generator with other
types of hazardous wastes; and
December 31, 2002

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SOLID WASTE DISPOSAL ACT

68

(iii) the generator maintains such records relating to such
used oil, including records of agreements or other arrangements for delivery of such used oil to any recycling facility referred to in clause (i)(I), as the Administrator deems necessary
to protect human health and the environment.
(3) The regulations under this subsection regarding the transportation of used oil which is exempt from the standards promulgated under section 1 3001(d), 3002, and 3003 under paragraph (1)
shall require the transporters of such used oil to deliver such used
oil to a facility which has a valid permit under section 3005 of this
subtitle or which is deemed to have a valid permit under subsection (d) of this section. The Administrator shall also establish
other standards for such transporters as may be necessary to protect human health and the environment.
(d) PERMITS.—(1) The owner or operator of a facility which recycles used oil which is exempt under subsection (c)(1), shall be
deemed to have a permit under this subsection for all such treatment or recycling (and any associated tank or container storage) if
such owner and operator comply with standards promulgated by
the Administrator under section 3004; except that the Administrator may require such owners and operators to obtain an individual permit under section 3005(c) if he determines that an individual permit is necessary to protect human health and the environment.
(2) Notwithstanding any other provision of law, any generator
who recycles used oil which is exempt under subsection (c)(1) shall
not be required to obtain a permit under section 3005(c) with respect to such used oil until the Administrator has promulgated
standards under section 3004 regarding the recycling of such used
oil.
[42 U.S.C. 6935]
EXPANSION DURING INTERIM STATUS

SEC. 3015. (a) WASTE PILES.—The owner or operator of a waste
pile qualifying for the authorization to operate under section
3005(e) shall be subject to the same requirements for liners and
leachate collection systems or equivalent protection provided in
regulations promulgated by the Administrator under section 3004
before October 1, 1982, or revised under section 3004(o) (relating
to minimum technological requirements), for new facilities receiving individual permits under subsection (c) of section 3005, with respect to each new unit, replacement of an existing unit, or lateral
expansion of an existing unit that is within the waste management
area identified in the permit application submitted under section
3005, and with respect to waste received beginning six months
after the date of enactment of the Hazardous and Solid Waste
Amendments of 1984.
(b) LANDFILLS AND SURFACE IMPOUNDMENTS.—(1) The owner or
operator of a landfill or surface impoundment qualifying for the authorization to operate under section 3005(e) shall be subject to the
requirements of section 3004(o) (relating to minimum technological
1 So

December 31, 2002

in law. Probably should be ‘‘sections’’.

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SOLID WASTE DISPOSAL ACT

Sec. 3016

requirements), with respect to each new unit, replacement of an existing unit, or lateral expansion of an existing unit that is within
the waste management area identified in the permit application
submitted under this section, and with respect to waste received
beginning 6 months after the date of enactment of the Hazardous
and Solid Waste Amendments of 1984.
(2) The owner or operator of each unit referred to in paragraph
(1) shall notify the Administrator (or the State, if appropriate) at
least sixty days prior to receiving waste. The Administrator (or the
State) shall require the filing, within six months of receipt of such
notice, of an application for a final determination regarding the
issuance of a permit for each facility submitting such notice.
(3) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of
this section and in good faith compliance with the Administrator’s
regulations and guidance documents governing liners and leachate
collection systems, no liner or leachate collection system which is
different from that which was so installed pursuant to this section
shall be required for such unit by the Administrator when issuing
the first permit under section 3005 to such facility, except that the
Administrator shall not be precluded from requiring installation of
a new liner when the Administrator has reason to believe that any
liner installed pursuant to the requirements of this section is leaking. The Administrator may, under section 3004, 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.
[42 U.S.C. 6936]
INVENTORY OF FEDERAL AGENCY HAZARDOUS WASTE FACILITIES

SEC. 3016. (a) Each Federal agency shall undertake a continuing program to compile, publish, and submit to the Administrator (and to the State in the case of sites in States having an authorized hazardous waste program) an inventory of each site which
the Federal agency owns or operates or has owned or operated at
which hazardous waste is stored, treated, or disposed of or has
been disposed of at any time. The inventory shall be submitted
every two years beginning January 31, 1986. Such inventory shall
be available to the public as provided in section 3007(b). Information previously submitted by a Federal agency under section 103 of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, or under section 3005 or 3010 of this Act, 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 shall include each of the following:
(1) A description of the location of each site at which any
such treatment, storage, or disposal has taken place before the
date on which permits are required under section 3005 for such
storage, treatment, or disposal, and where hazardous waste
has been disposed, a description of hydrogeology of the site and
the location of withdrawal wells and surface water within one
mile of the site.
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(2) Such information relating to the amount, nature, and
toxicity of the hazardous waste in each site as may be necessary to determine the extent of any health hazard which may
be associated with any site.
(3) Information on the known nature and extent of 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 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 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, storage, or disposal which have been used at each
site.
(8) The name and address and responsible Federal agency
for each site, determined as of the date of preparation of the
inventory.
(b) ENVIRONMENTAL PROTECTION AGENCY PROGRAM.—If the
Administrator determines that any Federal agency under subsection (a) is not adequately providing information respecting the
sites referred to in subsection (a), the Administrator shall notify
the chief official of such agency. If within ninety days following
such notification, the Federal agency has not undertaken a program to adequately provide such information, the Administrator
shall carry out the inventory program for such agency.
[42 U.S.C. 6937]
EXPORT OF HAZARDOUS WASTE

SEC. 3017. (a) IN GENERAL.—Beginning twenty-four months
after the date of enactment of the Hazardous and Solid Waste
Amendments of 1984, no person shall export any hazardous waste
identified or listed under this subtitle unless 1
(1)(A) such person has provided the notification required in
subsection (c) of this section,
(B) the government of the receiving country has consented
to accept such hazardous waste,
(C) a copy of the receiving country’s written consent is attached to the manifest 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), or
1 So

December 31, 2002

in law. Probably should be followed by a dash.

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(2) the United States and the government of the receiving
country have entered into an agreement as provided for in subsection (f) and the shipment conforms with the terms of such
agreement.
(b) REGULATIONS.—Not later than twelve months after the date
of enactment of the Hazardous and Solid Waste Amendments of
1984, the Administrator shall promulgate the regulations necessary
to implement this section. Such regulations shall become effective
one hundred and eighty days after promulgation.
(c) NOTIFICATION.—Any person who intends to export a hazardous waste identified or listed under this subtitle beginning
twelve months after the date of enactment of the Hazardous and
Solid Waste Amendments of 1984, shall, before such hazardous
waste is scheduled to leave the United States, provide notification
to the Administrator. Such notification shall contain the following
information:
(1) the name and address of the exporter;
(2) the types and estimated quantities of hazardous waste
to be exported;
(3) the estimated frequency or rate at which such waste is
to be exported; and the period of time over which such waste
is to be exported;
(4) the ports of entry;
(5) a description of the manner in which such hazardous
waste will be transported to and treated, stored, or disposed in
the receiving country; and
(6) the name and address of the ultimate treatment, storage or disposal facility.
(d) PROCEDURES FOR REQUESTING CONSENT OF THE RECEIVING
COUNTRY.—Within thirty days of the Administrator’s receipt of a
complete notification under this section, the Secretary of State, acting on behalf of the Administrator, shall—
(1) forward a copy of the notification to the government of
the receiving country;
(2) advise the government that United States law prohibits
the export of hazardous waste unless the receiving country
consents to accept the hazardous waste;
(3) request the government to provide the Secretary with
a written consent or objection to the terms of the notification;
and
(4) forward to the government of the receiving country a
description of the Federal regulations which would apply to the
treatment, storage, and disposal of the hazardous waste in the
United States.
(e) CONVEYANCE OF WRITTEN CONSENT TO EXPORTER.—Within
thirty days of receipt by the Secretary of State of the receiving
country’s written consent or objection (or any subsequent communication withdrawing a prior consent or objection), the Administrator shall forward such a consent, objection, or other communication to the exporter.
(f) INTERNATIONAL AGREEMENTS.—Where there exists an international agreement between the United States and the government
of the receiving country establishing notice, export, and enforcement procedures for the transportation, treatment, storage, and
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disposal of hazardous wastes, only the requirements of subsections
(a)(2) and (g) shall apply.
(g) REPORTS.—After the date of enactment of the Hazardous
and Solid Waste Amendments of 1984, any person who exports any
hazardous waste identified or listed under section 3001 of this subtitle shall file with the Administrator no later than March 1 of each
year, a report summarizing the types, quantities, frequency, and
ultimate destination of all such hazardous waste exported during
the previous calendar year.
(h) OTHER STANDARDS.—Nothing in this section shall preclude
the Administrator from establishing other standards for the export
of hazardous wastes under section 3002 or section 3003 of this subtitle.
[42 U.S.C. 6938]
DOMESTIC SEWAGE

SEC. 3018. (a) REPORT.—The Administrator shall, not later
than 15 months after the date of enactment of the Hazardous and
Solid Waste Amendments of 1984, submit a report to the Congress
concerning those substances identified or listed under section 3001
which are not regulated under this subtitle by reason of the exclusion for mixtures of domestic sewage and other wastes that pass
through a sewer system to a publicly owned treatment works. Such
report shall include the types, size and number of generators which
dispose of such substances in this manner, the types and quantities
disposed of in this manner, and the identification of significant generators, wastes, and 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), the Administrator
shall revise existing regulations and promulgate such additional
regulations pursuant to this subtitle (or any other authority of the
Administrator, including section 307 of the Federal Water Pollution
Control Act) as are necessary to assure that substances identified
or listed under section 3001 which pass through a sewer system to
a publicly owned treatment works are adequately controlled to protect human health and the environment.
(c) REPORT ON WASTEWATER LAGOONS.—The Administrator
shall, within thirty-six months after the date of the enactment of
the Hazardous and Solid Waste Amendments of 1984, submit a report to Congress concerning wastewater lagoons at publicly owned
treatment 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.
The Administrator may utilize the authority of sections 3007 and
3013 for the purpose of completing such report.
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Sec. 3019

(d) APPLICATION OF SECTION 3010 AND SECTION 3007.—The
provisions of sections 3007 and 3010 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.
[42 U.S.C. 6939]
EXPOSURE INFORMATION AND HEALTH ASSESSMENTS

SEC. 3019. (a) EXPOSURE INFORMATION.—Beginning on the date
nine months after the enactment of the Hazardous and Solid Waste
Amendments of 1984, each application for a final determination regarding a permit under section 3005(c) for a landfill or surface impoundment shall be accompanied by information reasonably ascertainable by the owner or operator on the potential for the public
to be exposed to hazardous wastes or hazardous constituents
through releases related to the unit. At a minimum, such information must address:
(1) reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit;
(2) the potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under paragraph (1); and
(3) the potential magnitude and nature of the human exposure resulting from such releases.
The owner or operator of a landfill or surface impoundment for
which an application for such a final determination under section
3005(c) has been submitted prior to the date of enactment of the
Hazardous and Solid Waste Amendments of 1984 shall submit the
information required by this subsection to the Administrator (or
the State, in the case of a State with an authorized program) no
later than the date nine months after such date of enactment.
(b) HEALTH ASSESSMENTS.—(1) The Administrator (or the
State, in the case of a State with an authorized program) shall
make the information required by subsection (a), together with
other relevant information, available to the Agency for Toxic Substances and Disease Registry established by section 104(i) of the
Comprehensive Environmental Response, Compensation and Liability Act of 1980.
(2) Whenever in the judgment of the Administrator, or the
State (in the case of a State with an authorized program), a landfill
or a surface impoundment poses a substantial potential risk to
human health, due to the existence of releases of hazardous constituents, the magnitude of contamination with hazardous constituents which may be the result of a release, or the magnitude of the
population exposed to such release or contamination, the Administrator or the State (with the concurrence of the Administrator) may
request the Administrator of the Agency for Toxic Substances and
Disease Registry to conduct a health assessment in connection with
such facility and take other appropriate action with respect to such
risks as authorized by section 104 (b) and (i) of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980.
If funds are provided in connection with such request the Administrator of such Agency shall conduct such health assessment.
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(c) MEMBERS OF THE PUBLIC.—Any member of the public may
submit evidence of releases of or exposure to hazardous constituents from such a facility, or as to the risks or health effects associated with such releases or exposure, to the Administrator of the
Agency for Toxic Substances and Disease Registry, the Administrator, or the State (in the case of a State with an authorized program).
(d) PRIORITY.—In determining the order in which to conduct
health assessments under this subsection, the Administrator of the
Agency for Toxic Substances and Disease Registry shall give priority to those facilities or sites at which there is documented evidence of release of hazardous constituents, at which the potential
risk to human health appears highest, and for which in the judgment of the Administrator of such Agency existing health assessment data is inadequate to assess the potential risk to human
health as provided in subsection (f).
(e) PERIODIC REPORTS.—The Administrator of such Agency
shall issue periodic reports which include the results of all the assessments carried out under this section. Such assessments or
other activities shall be reported after appropriate peer review.
(f) DEFINITION.—For the purposes of this section, the term
‘‘health assessments’’ shall include preliminary assessments of the
potential risk to human health posed by individual sites and facilities subject to this section, based on such factors as the nature and
extent of contamination, the existence of potential for pathways of
human exposure (including ground or surface water contamination,
air emissions, and food chain contamination), the size and potential
susceptibility of the community within the likely pathways of exposure, the comparison of expected human exposure levels to the
short-term and long-term health effects associated with identified
contaminants and any available recommended exposure or tolerance limits for such contaminants, 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, including known point or
nonpoint sources other than the site or facility in question. A purpose of such preliminary assessments shall be to help determine
whether full-scale health or epidemiological studies and medical
evaluations of exposed populations shall be undertaken.
(g) COST RECOVERY.—In any case in which a health assessment performed under this section discloses the exposure of a population to the release of a hazardous substance, the costs of such
health assessment may be recovered as a cost of response under
section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 from persons causing or contributing to such release of such hazardous substance or, in the
case of multiple releases contributing to such exposure, to all such
release.
[42 U.S.C. 6939a]
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SOLID WASTE DISPOSAL ACT

Sec. 3021

INTERIM CONTROL OF HAZARDOUS WASTE INJECTION

SEC. 3020. (a) UNDERGROUND SOURCE OF DRINKING WATER.—
No hazardous waste may be disposed of by underground injection—
(1) into a formation which contains (within one-quarter
mile of the well used for such underground injection) an underground source of drinking water; or
(2) above such a formation.
The prohibitions established under this section shall take effect 6
months after the enactment of the Hazardous and Solid Waste
Amendments of 1984 except in the case of any State in which identical or more stringent prohibitions are in effect before such date
under the Safe Drinking Water Act.
(b) ACTIONS UNDER CERCLA.—Subsection (a) shall not apply
to the injection of contaminated ground water into the aquifer from
which it was withdrawn, if—
(1) such injection is—
(A) a response action taken under section 104 or 106
of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, or
(B) part of corrective action required under this title 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 Act, the prohibitions established under paragraphs
(1) and (2) of subsection (a) shall be enforceable under the Safe
Drinking Water Act in any State—
(1) which has adopted identical or more stringent prohibitions under part C of the Safe Drinking Water Act and which
has assumed primary enforcement responsibility under that
Act for enforcement of such prohibitions; or
(2) in which the Administrator has adopted identical or
more stringent prohibitions under the Safe Drinking Water Act
and is exercising primary enforcement responsibility under
that Act for enforcement of such prohibitions.
(d) The terms ‘‘primary enforcement responsibility’’, ‘‘underground source of drinking water’’, ‘‘formation’’ and ‘‘well’’ have the
same meanings as provided in regulations of the Administrator
under the Safe Drinking Water Act. The term ‘‘Safe Drinking
Water Act’’ means title XIV of the Public Health Service Act.
[42 U.S.C. 6939b]
SEC. 3021. MIXED WASTE INVENTORY REPORTS AND PLAN.
(a) MIXED WASTE INVENTORY REPORTS.—
(1) REQUIREMENT.—Not later than 180 days after

the date
of the enactment of the Federal Facility Compliance Act of
1992, the Secretary of Energy shall submit to the Administrator and to the Governor of each State in which the Depart-

1 So

December 31, 2002

in law. Probably should be followed by a comma.

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ment of Energy stores or generates mixed wastes the following
reports:
(A) A report containing a national inventory of all
such mixed wastes, regardless of the time they were generated, on a State-by-State basis.
(B) A report containing a national inventory of mixed
waste treatment capacities and technologies.
(2) INVENTORY OF WASTES.— The report required by paragraph (1)(A) shall include the following:
(A) A description of each type of mixed waste at each
Department of Energy facility in each State, including, at
a minimum, the name of the waste stream.
(B) The amount of each type of mixed waste currently
stored at each Department of Energy facility in each State,
set forth separately by mixed waste that is subject to the
land disposal prohibition requirements of section 3004 and
mixed waste that is not subject to such prohibition requirements.
(C) An estimate of the amount of each type of mixed
waste the Department expects to generate in the next 5
years at each Department of Energy facility in each State.
(D) A description of any waste minimization actions
the Department has implemented at each Department of
Energy facility in each State for each mixed waste stream.
(E) The EPA hazardous waste code for each type of
mixed waste containing waste that has been characterized
at each Department of Energy facility in each State.
(F) An inventory of each type of waste that has not
been characterized by sampling and analysis at each Department of Energy facility in each State.
(G) The basis for the Department’s determination of
the applicable hazardous waste code for each type of mixed
waste at each Department of Energy facility and a 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 at each Department of Energy facility in each State.
(I) The land disposal prohibition treatment technology
or technologies specified for the hazardous waste component of each type of mixed waste at each Department of
Energy facility in each State.
(J) A statement of whether and how the radionuclide
content of the waste alters or affects use of the technologies described in subparagraph (I).
(3) INVENTORY OF TREATMENT CAPACITIES AND TECHNOLOGIES.—The report required by paragraph (1)(B) shall include the following:
(A) An estimate of the available treatment capacity for
each waste described in the report required by paragraph
(1)(A) for which treatment technologies exist.
(B) A description, including the capacity, number and
location, of each treatment unit considered in calculating
the estimate under subparagraph (A).
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Sec. 3021

(C) A description, including the capacity, number and
location, of any existing treatment unit that was not considered in calculating the estimate under subparagraph
(A) but that could, alone or in conjunction with other treatment units, be used to treat any of the wastes described
in the report required by paragraph (1)(A) to meet the requirements of regulations promulgated pursuant to section
3004(m).
(D) For each unit listed in subparagraph (C), a statement of the reasons why the unit was not included in calculating the estimate under subparagraph (A).
(E) A description, including the capacity, number, location, and estimated date of availability, of each treatment
unit currently proposed to increase the treatment capacities estimated under subparagraph (A).
(F) For each waste described in the report required by
paragraph (1)(A) for which the Department has determined no treatment 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
of Energy under paragraph (1), the Administrator and each
State which received the reports shall submit any comments
they may have concerning the reports to the Department of
Energy. The Secretary of Energy shall consider and publish the
comments prior to publication of the final report.
(5) REQUESTS FOR ADDITIONAL INFORMATION.—Nothing in
this subsection limits or restricts the authority of States or the
Administrator to request additional information from the Secretary of Energy.
(b) PLAN FOR DEVELOPMENT OF TREATMENT CAPACITIES AND
TECHNOLOGIES.—
(1) PLAN REQUIREMENT.—(A)(i) For each facility at which
the Department of Energy generates or stores mixed wastes,
except any facility subject to a permit, agreement, or order described in clause (ii), the Secretary of Energy shall develop and
submit, as provided in paragraph (2), a plan for developing
treatment capacities and technologies to treat all of the facility’s mixed wastes, regardless of the time they were generated,
to the standards promulgated pursuant to section 3004(m).
(ii) Clause (i) shall not apply with respect to any facility
subject to any permit establishing a schedule for treatment of
such wastes, or any existing agreement or administrative or judicial order governing the treatment of such wastes, to which
the State is a party.
(B) Each plan shall contain the following:
(i) For mixed wastes for which treatment technologies
exist, a schedule for submitting all applicable permit applications, entering into contracts, initiating construction,
conducting systems testing, commencing operations, and
processing backlogged and currently generated mixed
wastes.
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(ii) For mixed wastes for which no treatment 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, or materials derived from mixed wastes, 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 and disposal if radionuclide separation is used compared to the estimated costs if it is not
used, and the assumptions underlying such waste volume
and cost estimates.
(C) A plan required under this subsection may provide for
centralized, regional, or on-site treatment of mixed wastes, or
any combination thereof.
(2) REVIEW AND APPROVAL OF PLAN.—(A) For each facility
that is located in a State (i) with authority under State law to
prohibit land disposal of mixed waste until the waste has been
treated and (ii) with both authority under State law to regulate
the hazardous components of mixed waste and authorization
from the Environmental Protection Agency under section 3006
to regulate the hazardous components of mixed waste, the Secretary of Energy shall submit the plan required under paragraph (1) to the appropriate State regulatory officials for their
review and approval, modification, or disapproval. In reviewing
the plan, the State shall consider the need for regional treatment facilities. The State shall consult with the Administrator
and any other State in which a facility affected by the plan is
located and consider public comments in making its determination on the plan. The State shall approve, approve with modifications, or disapprove the plan within 6 months after receipt
of the plan.
(B) For each facility located in a State that does not have
the authority described in subparagraph (A), the Secretary
shall submit the plan required under paragraph (1) to the Administrator of the Environmental Protection Agency for review
and approval, modification, or disapproval. A copy of the plan
also shall be provided by the Secretary to the State in which
such facility is located. In reviewing the plan, the Administrator shall consider the need for regional treatment facilities.
The Administrator shall consult with the State or States in
which any facility affected by the plan is located and consider
public comments in making a determination on the plan. The
Administrator shall approve, approve with 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 or a State, the Administrator shall issue an
order under section 3008(a), or the State shall issue an order
under appropriate State authority, requiring compliance with
the approved plan.
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Sec. 3022

(3) PUBLIC PARTICIPATION.—Upon submission of a plan by
the Secretary of Energy to the Administrator or a State, and
before approval of the plan by the Administrator or a State,
the Administrator or State shall publish a notice of the availability of the submitted plan and make such submitted plan
available to the public on request.
(4) REVISIONS OF PLAN.—If any revisions of an approved
plan are proposed by the Secretary of Energy or required by
the Administrator or a State, the provisions of paragraphs (2)
and (3) shall apply to the revisions in the same manner as they
apply to the original plan.
(5) WAIVER OF PLAN REQUIREMENT.—(A) A State may
waive the requirement for the Secretary of Energy to develop
and submit a plan under this subsection for a facility located
in the State if the State (i) enters into an agreement with the
Secretary of Energy that addresses compliance at that facility
with section 3004(j) with respect to mixed waste, and (ii) issues
an order requiring compliance with such agreement and which
is in effect.
(B) Any violation of an agreement or order referred to in
subparagraph (A) is subject to the waiver of sovereign immunity contained in section 6001(a).
(c) SCHEDULE AND PROGRESS REPORTS.—
(1) SCHEDULE.—Not later than 6 months after the date of
the enactment of the Federal Facility Compliance Act of 1992,
the Secretary of Energy shall publish in the Federal Register
a schedule for submitting the plans required under subsection
(b).
(2) PROGRESS REPORTS.—(A) Not later than the deadlines
specified in subparagraph (B), the Secretary of Energy shall
submit to the Committee on Environment and Public Works of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a progress report containing the following:
(i) An identification, by facility, of the plans that have
been submitted to States or the Administrator of the Environmental Protection Agency pursuant to subsection (b).
(ii) The status of State 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) that the Secretary expects to submit in the
12-month period following submission of the report.
(B) The Secretary of Energy shall submit a report under
subparagraph (A) not later than 12 months after the date of
the enactment of the Federal Facility Compliance Act of 1992,
24 months after such date, and 36 months after such date.
[42 U.S.C. 6939c]
SEC. 3022. PUBLIC VESSELS.
(a) WASTE GENERATED ON

PUBLIC VESSELS.—Any hazardous
waste generated on a public vessel shall not be subject to the storDecember 31, 2002

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80

age, manifest, inspection, or recordkeeping requirements of this Act
until such waste is transferred to a shore facility, unless—
(1) the waste is stored on the public vessel for more than
90 days after the public vessel is placed in reserve or is otherwise no longer in service; or
(2) the waste is transferred to another public vessel within
the territorial waters of the United States and is stored on
such vessel or another public vessel for more than 90 days
after the date of transfer.
(b) COMPUTATION OF STORAGE PERIOD.—For purposes of subsection (a), the 90-day period begins on the earlier of—
(1) the date on which the public vessel on which the waste
was generated is placed in reserve or is otherwise no longer in
service; or
(2) the date on which the waste is transferred from the
public vessel on which the waste was generated to another
public vessel within the territorial waters of the United States;
and continues, without interruption, as long as the waste is stored
on the original public vessel (if in reserve or not in service) or another public vessel.
(c) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘public vessel’’ means a vessel owned or
bareboat chartered and operated by the United States, or by a
foreign nation, except when the vessel is engaged in commerce.
(2) The terms ‘‘in reserve’’ and ‘‘in service’’ have the meanings applicable to those terms under section 7293 and sections
7304 through 7308 of title 10, United States Code, 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 7311 of title 10, United States Code.
[42 U.S.C. 6939d]
SEC. 3023. FEDERALLY OWNED TREATMENT WORKS.
(a) IN GENERAL.—For purposes of section 1004(27),

the phrase
‘‘but does not include solid or dissolved material in domestic sewage’’ shall apply to any solid or dissolved material introduced by a
source into a federally owned treatment works if—
(1) such solid or dissolved material is subject to a
pretreatment standard under section 307 of the Federal Water
Pollution Control Act (33 U.S.C. 1317), and the source is in
compliance with such standard;
(2) for a solid or dissolved material for which a
pretreatment standard has not been promulgated pursuant to
section 307 of the Federal Water Pollution Control Act (33
U.S.C. 1317), the Administrator has promulgated a schedule
for establishing such a pretreatment standard which would be
applicable to such solid or dissolved material not later than 7
years after the date of enactment of this section, such standard
is promulgated on or before the date established in the schedule, and after the effective date of such standard the source is
in compliance with such standard;
(3) such solid or dissolved material is not covered by paragraph (1) or (2) and is not prohibited from land disposal under
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subsections 1 (d), (e), (f), or (g) of section 3004 because such material has been treated in accordance with section 3004(m); or
(4) notwithstanding paragraphs 1 (1), (2), or (3), such solid
or dissolved material is generated by a household or person
which generates less than 100 kilograms of hazardous waste
per month unless such solid or dissolved material would otherwise be an acutely hazardous waste and subject to standards,
regulations, or other requirements under this Act notwithstanding the quantity generated.
(b) PROHIBITION.—It is unlawful to introduce into a federally
owned treatment works any pollutant that is a hazardous waste.
(c) ENFORCEMENT.—(1) Actions taken to enforce this section
shall not require closure of a treatment works if the hazardous
waste is removed or decontaminated and such removal or decontamination is adequate, in the discretion of the Administrator or,
in the case of an authorized State, of the State, to protect human
health and the environment.
(2) Nothing in this subsection shall be construed to prevent the
Administrator or an authorized State from ordering the closure of
a treatment works if the Administrator or State determines such
closure is necessary for protection of human health and the environment.
(3) Nothing in this subsection shall be construed to affect any
other enforcement authorities available to the Administrator or a
State under this subtitle.
(d) DEFINITION.—For purposes of this section, the term ‘‘federally owned treatment works’’ means a facility 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 402 of the Federal Water Pollution Control Act.
(e) SAVINGS CLAUSE.—Nothing in this section shall be construed as affecting any agreement, permit, or administrative or judicial order, or any condition or requirement contained in such an
agreement, permit, or order, that is in existence on the date of the
enactment of this section and that requires corrective action or closure at a federally owned treatment works or solid waste management unit or facility related to such a treatment works.
[42 U.S.C. 6939e]

Subtitle D—State or Regional Solid Waste Plans
OBJECTIVES OF SUBTITLE

SEC. 4001. The objectives of this subtitle are to assist in developing and encouraging methods for the disposal of solid waste
which are environmentally sound and which maximize the utilization of valuable resources including energy and materials which
are recoverable from solid waste and to encourage resource conservation. Such objectives are to be accomplished through Federal
technical and financial assistance to States or regional authorities
for comprehensive planning pursuant to Federal guidelines designed to foster cooperation among Federal, State, and local gov1 So

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in law. Probably should be singular.

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ernments and private industry. In developing such comprehensive
plans, it is the intention of this Act that in determining the size
of the waste-to-energy facility, adequate provision shall be given to
the present and reasonably anticipated future needs, including
those needs created by thorough implementation of section 6002(h),
of the recycling and resource recovery interest within the area encompassed by the planning process.
[42 U.S.C. 6941]
FEDERAL GUIDELINES FOR PLANS

SEC. 4002. (a) GUIDELINES FOR IDENTIFICATION OF REGIONS.—
For purposes of encouraging and facilitating the development of regional planning for solid waste management, the Administrator,
within one hundred and eighty days after the date of enactment of
this section and after consultation with appropriate Federal, State,
and local authorities, shall by regulation publish guidelines for the
identification of those areas which have common solid waste management problems and are appropriate units for planning regional
solid waste management services. Such guidelines shall consider—
(1) the size and location of areas which should be included,
(2) the volume of solid waste 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 plan.
(b) GUIDELINES FOR STATE PLANS.—Not later than eighteen
months after the date of enactment of this section and after notice
and hearing, the Administrator shall, after consultation with appropriate Federal, State, and local authorities, promulgate regulations containing guidelines to assist in the development and implementation of State solid waste management plans (hereinafter in
this title referred to as ‘‘State plans’’). The guidelines shall contain
methods for achieving the objectives specified in section 4001. 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) shall consider—
(1) the varying regional, geologic, hydrologic, climatic, and
other circumstances under which different solid waste practices 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,
processing, and disposal operating methods, techniques and
practices, and location of facilities where such operating methods, techniques, and practices are conducted, taking into account the nature of the material to be disposed;
(3) methods for closing or upgrading open dumps for purposes of eliminating potential health hazards;
(4) population density, distribution, and projected growth;
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(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;
(10) types of resource recovery facilities and resource conservation systems which are appropriate; and
(11) available new and additional markets for recovered
material and energy and energy resources recovered from solid
waste as well as methods for conserving such materials and
energy.
[42 U.S.C. 6942]
MINIMUM REQUIREMENTS FOR APPROVAL OF PLANS

SEC. 4003. (a) MINIMUM REQUIREMENTS.—In order to be approved under section 4007, each State plan must comply with the
following minimum requirements—
(1) The plan shall identify (in accordance with section
4006(b)) (A) the responsibilities of State, local, and regional authorities in the implementation of the State plan, (B) the distribution of Federal funds to the authorities responsible for development and implementation of the State plan, and (C) the
means for coordinating regional planning and implementation
under the State plan.
(2) The plan shall, in accordance with sections 4004(b) and
4005(a), prohibit the establishment of new open dumps within
the State, and contain requirements that all solid waste (including solid waste originating in other States, but not including hazardous waste) shall be (A) utilized for resource recovery
or (B) disposed of in sanitary landfills (within the meaning of
section 4004(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 within the State pursuant to the requirements of section 4005.
(4) The plan shall provide for the establishment of such
State regulatory powers as may be necessary to implement the
plan.
(5) The plan shall provide that no State or local government within the State shall be prohibited under State or local
law from negotiating and entering into long-term contracts for
the supply of solid waste to resource recovery facilities, from
entering into long-term contracts for the operation of such facilities, or from securing long-term markets for material and
energy recovered from such facilities or for conserving materials or energy by reducing the volume of waste.
(6) The plan shall provide for such resource conservation
or recovery and for the disposal of solid waste in sanitary landfills or any combination of practices so as may be necessary to
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use or dispose of such waste in a manner that is environmentally sound.
(b) DISCRETIONARY PLAN PROVISIONS RELATING TO RECYCLED
OIL.—Any State plan submitted under this subtitle may include, at
the option of the State, 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 in all appropriate areas of
State and local government.
(2) Encouragement of persons contracting with the State to
use recycled oil 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 of a program (including any necessary licensing of persons and including the
use, where appropriate, of manifests) to assure that used oil is
collected, transported, treated, stored, reused, and disposed of,
in a manner which does not present a hazard to the public
health or the environment.
Any plan submitted under this title before the date of the enactment of the Used Oil Recycling Act of 1980 may be amended, at
the option of the State, 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 which has a
plan approved under this subtitle or which has submitted a plan
for such approval shall be eligible for assistance under section
4008(a)(3) if the Administrator determines that under such plan
the State will—
(A) analyze and determine the economic and technical feasibility of facilities and programs to conserve resources which
contribute to the waste stream or to recover energy and materials from municipal waste;
(B) analyze the legal, institutional, and economic impediments to the development of systems and facilities for conservation of energy or materials which contribute to the waste
stream or for the recovery of energy and materials from municipal waste and make recommendations to appropriate governmental authorities for overcoming such impediments;
(C) assist municipalities within the State in developing
plans, programs, and projects to conserve resources or recover
energy and materials from municipal waste; and
(D) coordinate the resource conservation and recovery
planning under subparagraph (C).
(2) The analysis referred to in paragraph (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 and materials recovered from municipal waste;
(B) comparisons of the relative costs of energy recovered
from municipal waste in relation to the costs of energy derived
from fossil fuels and other sources;
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(C) studies of the transportation and storage problems and
other problems associated with the development of energy and
materials recovery technology, including curbside source separation;
(D) the evaluation and establishment of priorities among
ways of conserving energy 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 or recovery, including business practices, transportation requirements, or storage difficulties.
Such studies and analyses shall also include studies of other
sources of solid waste from which energy 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 Act and
the planning process developed pursuant to this Act that in determining the size of the waste-to-energy facility, adequate provision
shall be given to the present and reasonably anticipated future
needs of the recycling and resource recovery interest within the
area encompassed by the planning process.
[42 U.S.C. 6943]
CRITERIA FOR SANITARY LANDFILLS; SANITARY LANDFILLS REQUIRED
FOR ALL DISPOSAL

SEC. 4004. (a) CRITERIA FOR SANITARY LANDFILLS.—Not later
than one year after the date of enactment of this section, after consultation with the States, and after notice and public hearings, the
Administrator shall promulgate regulations containing criteria for
determining which facilities shall be classified as sanitary landfills
and which shall be classified as open dumps within the meaning
of this Act. At a minimum, such criteria shall provide that a facility may be classified as a sanitary landfill and not an open dump
only if there is no reasonable probability of adverse effects on
health or the environment from disposal of solid waste at such facility. Such regulations may provide for the classification of the
types of sanitary landfills.
(b) DISPOSAL REQUIRED TO BE IN SANITARY LANDFILLS, ETC.—
For purposes of complying with section 4003(2) 1 each State plan
shall prohibit the establishment of open dumps and contain a requirement that disposal of all solid waste within the State shall be
in compliance with such section 4003(2). 1
(c) EFFECTIVE DATE.—The prohibition contained in subsection
(b) shall take effect on the date six months after the date of promulgation of regulations under subsection (a).
[42 U.S.C. 6944]
1 The references in section 4004(b) to section 4003(2) should be a reference to section
4003(a)(2), pursuant to the renumbering made by section 5(b) of Public Law 96–463.

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UPGRADING OF OPEN DUMPS

SEC. 4005. (a) CLOSING OR UPGRADING OF EXISTING OPEN
DUMPS.—Upon promulgation of criteria under section 1008(a)(3),
any solid waste management practice or disposal of solid waste or
hazardous waste which constitutes the open dumping of solid waste
or hazardous waste is prohibited, except in the case of any practice
or disposal of solid waste under a timetable or schedule for compliance established under this section. The prohibition contained in
the preceding sentence shall be enforceable under section 7002
against persons engaged in the act of open dumping. For purposes
of complying with section 4003(2) and 4003(3), each State plan
shall contain a requirement that all existing disposal facilities or
sites for solid waste in such State which are open dumps listed in
the inventory under subsection (b) shall comply with such measures as may be promulgated by the Administrator to eliminate
health hazards and minimize potential health hazards. Each such
plan shall establish, for any entity which demonstrates that it has
considered other public or private alternatives for solid waste management 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 of solid waste
which specifies a schedule of remedial measures, including an enforceable sequence of actions or operations, leading to compliance
with the prohibition of open dumping of solid waste within a reasonable time (not to exceed 5 years from the date of publication of
criteria under section 1008(a)(3)).
(b) INVENTORY.—To assist the States in complying with section
4003(3), not later than one year after promulgation of regulations
under section 4004, the Administrator, with the cooperation of the
Bureau of the Census shall publish an inventory of all disposal facilities or sites in the United States which are open dumps within
the meaning of this Act.
(c) CONTROL OF HAZARDOUS DISPOSAL.—(1)(A) Not later than
36 months after the date of enactment of the Hazardous and Solid
Waste Amendments of 1984, each State shall adopt and implement
a permit program or other system of prior approval and conditions
to assure that each solid waste management facility within such
State which may receive hazardous household waste or hazardous
waste due to the provision of section 3001(d) for small quantity
generators (otherwise not subject to the requirement for a permit
under section 3005) will comply with the applicable criteria promulgated under section 4004(a) and section 1008(a)(3).
(B) Not later than eighteen months after the promulgation of
revised criteria under subsection 1 4004(a) (as required by section
4010(c)), each State shall adopt and implement a permit program
or other system or 2 prior approval and conditions, to assure that
each solid waste management facility within such State which may
receive hazardous household waste or hazardous waste due to the
provision of section 3001(d) for small quantity generators (other1 So
2 So

December 31, 2002

in law. Probably should be ‘‘section’’.
in law. Probably should be ‘‘of’’.

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wise not subject to the requirement for a permit under section
3005) will comply with the criteria revised under section 4004(a).
inistrator shall determine whether each State has developed
an adequate program under this paragraph. The Administrator
may make such a determination in conjunction with approval, disapproval or partial approval of a State plan under section 4007.
(2)(A) In any State that the Administrator determines has not
adopted an adequate program for such facilities under paragraph
(1)(B) by the date provided in such paragraph, the Administrator
may use the authorities available under sections 3007 and 3008 of
this title to enforce the prohibition contained in subsection (a) of
this section with respect to such facilities.
(B) For purposes of this paragraph, the term ‘‘requirement of
this subtitle’’ in section 3008 shall be deemed to include criteria
promulgated by the Administrator under sections 1008(a)(3) and
4004(a) of this title, and the term ‘‘hazardous wastes’’ in section
3007 shall be deemed to include solid waste at facilities that may
handle hazardous household wastes or hazardous wastes from
small quantity generators.
[42 U.S.C. 6945]
PROCEDURE FOR DEVELOPMENT AND IMPLEMENTATION OF STATE
PLAN

SEC. 4006. (a) IDENTIFICATION OF REGIONS.—Within one hundred and eighty days after publication of guidelines under section
4002(a) (relating to identification of regions), the Governor of each
State, after consultation with local elected officials, shall promulgate regulations based on such guidelines identifying the boundaries of each area within the State which, as a result of urban concentrations, geographic conditions, markets, and other factors, is
appropriate for carrying out regional solid waste management.
Such regulations may be modified 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 promulgates regulations under subsection (a), for purposes of facilitating the development and implementation of a State
plan which will meet the minimum requirements of section 4003,
the State, together with appropriate elected officials of general purpose units of local government, shall jointly (A) identify an agency
to develop the State plan and identify one or more agencies to implement such plan, and (B) identify which solid waste management
activities will, under such State plan, be planned for and carried
out by the State and which such management activities will, under
such State plan, be planned for and carried out by a regional or
local authority or a combination of regional or local and State authorities. If a multi-functional regional agency authorized by State
law to conduct solid waste planning and management (the members of which are appointed by the Governor) is in existence on the
date of enactment of this Act, the Governor 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 208 of the Federal Water
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Pollution Control Act (86 Stat. 839) shall be considered. A State
agency identified under this paragraph shall be established or designated by the Governor of such State. 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 agencies are not identified
and designated or established as required under paragraph (1) for
any affected area, the governor shall, before the date two hundred
and seventy days after promulgation of regulations under subsection (a), establish or designate a State agency to develop and implement the State plan for such area.
(c) INTERSTATE REGIONS.—(1) In the case of any region which,
pursuant to the guidelines published by the Administrator under
section 4002(a) (relating to identification of regions), would be located in two or more States, the Governors of the respective States,
after consultation with local elected officials, shall consult, cooperate, and enter into agreements identifying the boundaries of such
region pursuant to subsection (a).
(2) Within one hundred and eighty days after an interstate region is identified by agreement under paragraph (1), appropriate
elected officials of general purpose units of local government 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 of
the respective States may, by agreement, establish or designate for
such purpose a single representative organization including elected
officials of general purpose units of local government within such
region.
(3) Implementation of interstate regional solid waste management plans shall be conducted by units of local government for any
portion of a region within their jurisdiction, or by multijurisdictional agencies or authorities designated in accordance with
State law, including those designated by agreement by such units
of local government for such purpose. If no such unit, agency, or
authority is so designated, the respective Governors shall designate
or establish a single interstate agency to implement such plan.
(4) For purposes of this subtitle, so much of an interstate regional plan as is carried out within a particular State shall be
deemed part of the State plan for such State.
[42 U.S.C. 6946]
APPROVAL OF STATE PLAN; FEDERAL ASSISTANCE

SEC. 4007. (a) PLAN APPROVAL.—The Administrator shall,
within six months after a State plan has been submitted for approval, approve or disapprove the plan. The Administrator shall approve a plan if he determines that—
(1) it meets the requirements of paragraphs (1), (2), (3),
and (5) of section 4003(a); and
(2) it contains provision for revision of such plan, after notice and public hearing, whenever the Administrator, by regulation, determines—
(A) that revised regulations respecting minimum requirements have been promulgated under paragraphs (1),
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(2), (3), and (5) of section 4003(a) with which the State
plan is not in compliance;
(B) that information has become available which demonstrates the inadequacy of the plan to effectuate the purposes of this subtitle; or
(C) that such revision is otherwise necessary.
The Administrator 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 4003 (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’s determination
that such complies with such minimum requirements.
(b) ELIGIBILITY OF STATES FOR FEDERAL FINANCIAL ASSISTANCE.—(1) The Administrator shall approve a State application for
financial assistance under this subtitle, and make grants to such
State, if such State and local and regional authorities within such
State have complied with the requirements of section 4006 within
the period required under such section and if such State has a
State plan which has been approved by the Administrator under
this subtitle.
(2) The Administrator shall approve a State application for financial assistance under this subtitle, and make grants to such
State, for fiscal years 1978 and 1979 if the Administrator determines that the State plan continues to be eligible for approval
under subsection (a) and is being implemented by the State.
(3) Upon withdrawal of approval of a State plan under subsection (a), the Administrator shall withhold Federal financial and
technical assistance under this subtitle (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 subtitle shall be construed to prevent or affect any activities respecting solid waste
planning or management which are carried out by State, regional,
or local authorities unless such activities are inconsistent with a
State plan approved by the Administrator under this subtitle.
[42 U.S.C. 6947]
FEDERAL ASSISTANCE

SEC. 4008. (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
and local, regional, and interstate authorities for the development
and implementation of plans approved by the Administrator under
this subtitle (other than the provisions of such plans referred to in

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section 4003(b), 1 relating to feasibility planning for municipal
waste energy and materials conservation and recovery).
(2)(A) The Administrator is authorized to provide financial assistance to States, counties, municipalities, and intermunicipal
agencies and State and local public solid waste management authorities for implementation of programs to provide solid waste
management, resource recovery, and resource conservation services
and hazardous waste management. Such assistance shall include
assistance for facility planning and feasibility studies; expert consultation; surveys and analyses of market needs; marketing of recovered resources; technology assessments; legal expenses; construction feasibility studies; source separation projects; and fiscal
or economic investigations or studies; but such assistance shall not
include any other element of construction, or any acquisition of
land or interest in land, or any subsidy for the price of recovered
resources. Agencies assisted under this subsection shall consider
existing solid waste management and hazardous waste management services and facilities as well as facilities proposed for construction.
(B) An applicant for financial assistance under this paragraph
must agree to comply with respect to the project or program
assistted with the applicable requirements of section 4005 and Subtitle C of this Act and apply applicable solid waste management
practices, methods, and levels of control consistent with any guidelines published pursuant to section 1008 of this Act. Assistance
under this paragraph shall be available only for programs certified
by the State to be consistent with any applicable State or areawide
solid waste management plan or program. Applicants for technical
and financial assistance under this section shall not preclude or
foreclose consideration of programs for the recovery of recyclable
materials through source separation or other resource recovery
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 appropriated for fiscal year 1985, and
(ii) to be appropriated for each of the fiscal years 1986
though 1 1988, $20,000,000 2
for grants to States (and where appropriate to regional, local, and
interstate agencies) to implement programs requiring compliance
by solid waste management facilities with the criteria promulgated
under section 4004(a) and section 1008(a)(3) and with the provisions of section 4005. To the extent practicable, such programs
shall require such compliance not later than thirty-six months after
1 References in section 4008 to section 4003(b) (in subsections (a)(1), (a)(3), and (g)(1)) should
be references to section 4003(c), pursuant to the redesignation made by section 502(h) of Public
Law 98–616.
1 So in law. Probably should be ‘‘through’’.
2 So in law. Probably should be followed by a comma.

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the date of the enactment of the Hazardous and Solid Waste
Amendments of 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 to carry out section 4003(b). 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 under this paragraph shall be used only for the purposes specified in section
4003(b). Such assistance may not be used for purposes of land acquisition, final facility design, equipment purchase, construction,
startup or operation activities.
(C) Where appropriate, any State receiving assistance under
this paragraph may make all or any part of such assistance available to municipalities within the State to carry out the activities
specified in section 4003(b)(1)(A) and (B).
(b) STATE ALLOTMENT.—The sums appropriated in any fiscal
year under subsection (a)(1) shall be allotted by the Administrator
among all States, in the ratio that the population in each State
bears to the population in all of the States, except that no State
shall receive less than one-half of 1 per centum of the sums so allotted in any fiscal year. No State shall receive any grant under
this section during any fiscal year when its expenditures of nonFederal funds for other than non-recurrent expenditures for solid
waste management control programs will be less than its expenditures were for such programs during fiscal year 1975, except that
such funds may be reduced by an amount equal to their proportionate share of any general reduction of State spending ordered by
the Governor or legislature of such State. No State shall receive
any grant for solid waste management programs unless the Administrator is satisfied that such grant will be so used as to supplement and, to the extent practicable, increase the level of State,
local, regional, or other non-Federal funds that would in the absence of such grant be made available for the maintenance of such
programs.
(c) DISTRIBUTION OF FEDERAL FINANCIAL ASSISTANCE WITHIN
THE STATE.—The Federal assistance allotted to the States under
subsection (b) shall be allocated by the State receiving such funds
to State, local, regional, and interstate authorities carrying out
planning and implementation of the State plan. Such allocation
shall be based upon the responsibilities of the respective parties as
determined pursuant to section 4006(b).
(d) TECHNICAL ASSISTANCE.—(1) The Administrator may provide technical assistance to State and local governments for purposes of developing and implementing State plans. Technical assistance respecting resource recovery and conservation may be provided through resource recovery and conservation panels, established in the Environmental Protection Agency under subtitle B, to
assist the State and local governments with respect to particular
resource recovery and conservation projects under consideration
and to evaluate their effect on the State plan.
(2) In carrying out this subsection, the Administrator may,
upon request, provide technical assistance to States to assist in the
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removal or modification of legal, institutional, economic, and other
impediments to the recycling of used oil. Such impediments may include laws, regulations, and policies, including State procurement
policies, which are not favorable to the recycling of used oil.
(3) In carrying out this subsection, the Administrator is authorized to provide technical assistance to States, municipalities,
regional authorities, and intermunicipal agencies upon request, to
assist in the removal or modification of legal, institutional, and economic impediments which have the effect of impeding the development of systems and facilities to recover energy and materials from
municipal waste or to conserve energy or materials which contribute to the waste stream. Such impediments may include—
(A) laws, regulations, and policies, including State and
local procurement policies, which are not favorable to resource
conservation and recovery policies, systems, and facilities;
(B) impediments to the financing of facilities to conserve or
recover energy and materials from municipal waste through
the exercise of State and local authority to issue revenue bonds
and the use of State and local credit assistance; and
(C) impediments to institutional arrangements necessary
to undertake projects for the conservation or recovery of energy
and materials from municipal waste, including the creation of
special districts, authorities, or corporations where necessary
having the power to secure the supply of waste of a project, to
conserve resources, to implement the project, and to undertake
related activities.
(e) SPECIAL COMMUNITIES.—(1) The Administrator, in cooperation with State and local officials, shall identify local governments
within the United States (A) having a solid waste disposal facility
(i) which is owned by the unit of local government, (ii) for which
an order has been issued by the State to cease receiving solid waste
for treatment, storage, or disposal, and (iii) which is subject to a
State-approved end-use recreation plan, and (B) which are located
over an aquifer which is the source of drinking water for any person or public water system and which has serious environmental
problems resulting from the disposal of such solid waste, including
possible methane migration.
(2) There is authorized to be appropriated to the Administrator
$2,500,000 for the fiscal year 1980 and $1,500,000 for each of the
fiscal years 1981 and 1982 1 to make grants to be used for containment and stabilization of solid waste located at the disposal sites
referred to in paragraph (1). Not more than one community in any
State shall be eligible for grants under this paragraph and not
more than one project in any State shall be eligible for such grants.
No unit of local government 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 may make grants to States,
which have a State plan approved under section 4007, or which
have submitted a State plan for approval under such section, if
such plan includes the discretionary provisions described in section
1 An amendment contained in section 2(f) of the conference report on H.R. 2867 changed this
phrase to add ‘‘$500,000 for each of the fiscal years 1985 through 1988.’’ This amendment was
erroneously not included in Public Law 98–616.

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4003(b). Grants under this subsection shall be for purposes of assisting the State in carrying out such discretionary provisions. No
grant under this subsection may be used for construction or for the
acquisition of land or equipment.
(2) Grants under this subsection shall be allotted among the
States in the same manner as provided in the first sentence of subsection (b).
(3) No grant may be made under this subsection unless an application therefor is submitted to, and approved by, the Administrator. The application shall be in such form, be submitted in such
manner, and contain such information as the Administrator 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 is authorized to make grants to municipalities,
regional authorities, and intermunicipal agencies to carry out activities described in subparagraphs (A) and (B) of section
4003(b)(1). 1 Such grants may be made only pursuant to an application submitted to the Administrator by the municipality which application has been approved by the State and determined by the
State to be consistent with any State plan approved or submitted
under this subtitle or any other appropriate planning carried out
by the State.
(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 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 under this subsection shall be used only for the purposes specified in paragraph
(1). Such assistance may not be used for purposes of land acquisition, final facility design, equipment purchase, construction, startup or operation activities.
[42 U.S.C. 6948]
RURAL COMMUNITIES ASSISTANCE

SEC. 4009. (a) IN GENERAL.—The Administrator shall make
grants to States to provide assistance to municipalities with a population of five thousand or less, or counties with a population of ten
thousand or less or less than twenty persons per square mile and
not within a metropolitan area, for solid waste management facilities (including equipment) necessary to meet the requirements of
section 4005 of this Act or restrictions on open burning or other requirements arising under the Clean Air Act or the Federal Water
Pollution Control Act. Such assistance shall only be available—
1 See

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footnote 1 under section 4008(a)(1).

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(1) to any municipality or county which could not feasibly
be included in a solid waste management system or facility
serving an urbanized, multijurisdictional area because of its
distance from such systems;
(2) where existing or planned solid waste management
services or facilities are unavailable or insufficient to comply
with the requirements of section 4005 of this Act; and
(3) for systems which are certified by the State to be consistent with any plans or programs established under any
State or areawide planning process.
(b) ALLOTMENT.—The Administrator shall allot the sums appropriated to carry out this section in any fiscal year among the
States 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 bears to the total population of rural areas of all the
States, the ratio which the population of counties in each State
having less than twenty persons per square mile bears to the total
population of such counties in all the States, and the ratio which
the population of such low-density counties in each State having 33
per centum or more of all families with incomes not in excess of
125 per centum of the poverty level bears to the total population
of such counties in all the States.
(c) LIMIT.—The amount of any grant under this section shall
not exceed 75 per centum of the costs of the project. No assistance
under this section shall be available for the acquisition of land or
interests in land.
(d) 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.
[42 U.S.C. 6949]
ADEQUACY OF CERTAIN GUIDELINES AND CRITERIA

SEC. 4010. (a) STUDY.—The Administrator shall conduct a
study of the extent to which the guidelines and criteria under this
Act (other than guidelines and criteria for facilities to which subtitle C applies) which are applicable to solid waste management
and disposal facilities, including, but not limited to landfills and
surface impoundments, are adequate to protect human health and
the environment from ground water contamination. Such study
shall include a detailed assessment of the degree to which the criteria under section 1008(a) and the criteria under section 4004 regarding monitoring, prevention of contamination, and remedial action are adequate to protect ground water and shall also include
recommendation with respect to any additional enforcement authorities which the Administrator, in consultation with the Attorney General, deems necessary for such purposes.
(b) REPORT.—Not later than thirty-six months after the date of
enactment of the Hazardous and Solid Waste Amendments of 1984,
the Administrator shall submit a report to the Congress setting
forth the results of the study required under this section, together
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with any recommendations made by the Administrator on the basis
of such study.
(c) REVISIONS OF GUIDELINES AND CRITERIA.—
(1) IN GENERAL.—Not later than March 31, 1988, the Administrator shall promulgate revisions of the criteria promulgated under paragraph (1) of section 4004(a) and under section
1008(a)(3) for facilities that may receive hazardous household
wastes or hazardous wastes from small quantity generators
under section 3001(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. At a minimum such revisions for facilities 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, and provide for corrective action as appropriate.
(2) 1 ADDITIONAL REVISIONS.—Subject to paragraph (3), the
requirements of the criteria described in paragraph (1) relating
to ground water monitoring shall not apply to an owner or operator of a new municipal solid waste landfill unit, an existing
municipal solid waste landfill unit, or a lateral expansion of a
municipal solid waste landfill unit, that disposes of less than
20 tons of municipal solid waste daily, based on an annual average, if—
(A) there is no evidence of ground water contamination
from the municipal solid waste landfill unit or expansion;
and
(B) the municipal solid waste landfill unit 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; or
(ii) a community that has no practicable waste
management alternative and the landfill unit 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 may require
ground water monitoring of a solid waste landfill unit that
would otherwise be exempt under paragraph (2) if necessary to protect ground water resources and ensure compliance with a State ground water protection plan, where
applicable.
(B) METHODS.—If a State requires ground water monitoring of a solid waste landfill unit under subparagraph
(A), the State may allow the use of a method other than
1 Section 4010(c)(2) was added by subsection (a) of section 3 of Public Law 104–119. Subsection
(b) of section 3 of such law [42 U.S.C. 6949a note] provides:
(b) REINSTATEMENT OF REGULATORY EXEMPTION.—It is the intent of section 4010(c)(2) of the
Solid Waste Disposal Act, as added by subsection (a), to immediately reinstate subpart E of part
258 of title 40, Code of Federal Regulations, as added by the final rule published at 56 Federal
Register 50798 on October 9, 1991.

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the use of ground water monitoring wells to detect a release of contamination from the unit.
(C) CORRECTIVE ACTION.—If a State finds a release
from a solid waste landfill unit, the State shall require corrective action as appropriate.
(4) NO-MIGRATION EXEMPTION.—
(A) IN GENERAL.—Ground water monitoring requirements may be suspended by the Director of an approved
State for a landfill operator if the operator demonstrates
that there is no potential for migration of hazardous constituents from the unit to the uppermost aquifer during
the active life of the unit and the post-closure care period.
(B) CERTIFICATION.—A demonstration under subparagraph (A) shall be certified by a qualified ground-water scientist and approved by the Director of an approved State.
(C) GUIDANCE.—Not later than 6 months after the
date of enactment of this paragraph, the Administrator
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 of the State of Alaska that application of the requirements described in paragraph (1) to a solid waste landfill unit
of a Native village (as defined in section 3 of the Alaska Native
Claims Settlement Act (16 U.S.C. 1602) 2) or unit that is located in or near a small, remote Alaska village would be infeasible, or would not be cost-effective, or is otherwise inappropriate because of the remote location of the unit, the State may
exempt the unit from some or all of those requirements. This
paragraph shall apply only to solid waste landfill units that
dispose of less than 20 tons of municipal solid waste daily,
based on an annual average.
(6) FURTHER REVISIONS OF GUIDELINES AND CRITERIA.—
Recognizing the unique circumstances of small communities,
the Administrator shall, not later than two years after enactment of this provision promulgate revisions to the guidelines
and criteria promulgated under this subtitle to provide additional flexibility to approved States to allow landfills that receive 20 tons or less of municipal solid waste 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.
[42 U.S.C. 6949a]

1 So
2 So

December 31, 2002

in original. Probably should read ‘‘no-migration’’.
in original. Probably should read ‘‘(43 U.S.C. 1602)’’.

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Sec. 5004

Subtitle E—Duties of the Secretary of Commerce in Resource and
Recovery
FUNCTIONS

SEC. 5001. The Secretary of Commerce shall encourage greater
commercialization of proven resource recovery technology by
providing—
(1) accurate specifications for recovered materials;
(2) stimulation of development of markets for recovered
materials;
(3) promotion of proven technology; and
(4) a forum for the exchange of technical and economic
data relating to resource recovery facilities.
[42 U.S.C. 6951]
DEVELOPMENT OF SPECIFICATIONS FOR SECONDARY MATERIALS

SEC. 5002. The Secretary of Commerce, acting through the National Bureau of Standards, and in conjunction with national
standards-setting organizations in resource recovery, 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. The specifications shall pertain to the physical and chemical properties and characteristics of such materials
with regard to their use in replacing virgin materials in various industrial, commercial, and governmental uses. In establishing such
guidelines the Secretary shall also, to the extent feasible, provide
such information as may be necessary to assist Federal agencies
with procurement of items containing recovered materials. The Secretary shall continue to cooperate with national standards-setting
organizations, as may be necessary, to encourage the publication,
promulgation and updating of standards for recovered materials
and for the use of recovered materials in various industrial, commercial, and governmental uses.
[42 U.S.C. 6952]
DEVELOPMENT OF MARKETS FOR RECOVERED MATERIALS

SEC. 5003. The Secretary of Commerce 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;
(2) identify the economic and technical barriers to the use
of recovered materials; and
(3) encourage the development of new uses for recovered
materials.
[42 U.S.C. 6953]
TECHNOLOGY PROMOTION

SEC. 5004. The Secretary of Commerce is authorized to evaluate the commercial feasibility of resource recovery facilities and to
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publish the results of such evaluation, and to develop a data base
for purposes of assisting persons in choosing such a system.
[42 U.S.C. 6954]
NONDISCRIMINATION REQUIREMENT

SEC. 5005. In establishing any policies which may affect the
development of new markets for recovered materials and in making
any determination concerning whether or not to impose monitoring
or other controls on any marketing or transfer of recovered materials, the Secretary of Commerce may consider whether to establish
the same or similar policies or impose the same or similar monitoring or other controls on virgin materials.
[42 U.S.C. 6955]
AUTHORIZATION OF APPROPRIATIONS

SEC. 5006. There are authorized to be appropriated to the Secretary of Commerce $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 subtitle.
[42 U.S.C. 6956]

Subtitle F—Federal Responsibilities
APPLICATION OF FEDERAL, STATE, AND LOCAL LAW TO FEDERAL
FACILITIES

SEC. 6001. (a) 1 IN GENERAL.—Each department, agency, and
instrumentality of the executive, legislative, and judicial branches
1 Section 102(c) of the Federal Facility Compliance Act of 1992 (Public Law 102–386) provides:
(c) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as otherwise provided in paragraphs (2) and (3), the amendments made by subsection (a) shall take effect upon the date of the enactment of this Act.
(2) DELAYED EFFECTIVE DATE FOR CERTAIN MIXED WASTE.—Until the date that is 3 years
after the date of the enactment of this Act, the waiver of sovereign immunity contained in
section 6001(a) of the Solid Waste Disposal Act with respect to civil, criminal, and administrative penalties and fines (as added by the amendments made by subsection (a)) shall not
apply to departments, agencies, and instrumentalities of the executive branch of the Federal
Government for violations of section 3004(j) of the Solid Waste Disposal Act involving storage of mixed waste that is not subject to an existing agreement, permit, or administrative
or judicial order, so long as such waste is managed in compliance with all other applicable
requirements.
(3) EFFECTIVE DATE FOR CERTAIN MIXED WASTE.—(A) Except as provided in subparagraph
(B), after the date that is 3 years after the date of the enactment of this Act, the waiver
of sovereign immunity contained in section 6001(a) of the Solid Waste Disposal Act with
respect to civil, criminal, and administrative penalties and fines (as added by the amendments made by subsection (a)) shall apply to departments, agencies, and instrumentalities
of the executive branch of the Federal Government for violations of section 3004(j) of the
Solid Waste Disposal Act involving storage of mixed waste.
(B) With respect to the Department of Energy, the waiver of sovereign immunity referred
to in subparagraph (A) shall not apply after the date that is 3 years after the date of the
enactment of this Act for violations of section 3004(j) of such Act involving storage of mixed
waste, so long as the Department of Energy is in compliance with both—
(i) a plan that has been submitted and approved pursuant to section 3021(b) of the
Solid Waste Disposal Act and which is in effect; and
(ii) an order requiring compliance with such plan which has been issued pursuant to
such section 3021(b) and which is in effect.
(4) APPLICATION OF WAIVER TO AGREEMENTS AND ORDERS.—The waiver of sovereign immunity contained in section 6001(a) of the Solid Waste Disposal Act (as added by the amendments made by subsection (a)) shall take effect on the date of the enactment of this Act
with respect to any agreement, permit, or administrative or judicial order existing on such
date of enactment (and any subsequent modifications to such an agreement, permit, or
order), including, without limitation, any provision of an agreement, permit, or order that
addresses compliance with section 3004(j) of such Act with respect to mixed waste.

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of the Federal Government (1) having jurisdiction over any solid
waste management facility or disposal site, or (2) engaged in any
activity resulting, or which may result, in the disposal or management of solid waste or hazardous waste shall be subject to, and
comply with, all Federal, State, interstate, and local requirements,
both substantive and procedural (including any requirement for
permits or reporting or any provisions for injunctive relief and such
sanctions as may be imposed by a court to enforce such relief), respecting control and abatement of solid waste or hazardous waste
disposal and management in the same manner, and to the same extent, as any person is subject to such requirements, including the
payment of reasonable service charges. The Federal, State, interstate, and local substantive and procedural requirements referred
to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive
in nature or are imposed for isolated, intermittent, or continuing
violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any
such 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 and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local solid
waste or hazardous waste regulatory program. Neither the United
States, nor any agent, employee, or officer thereof, shall be immune
or exempt from any process or sanction of any State or Federal
Court with respect to the enforcement of any such injunctive relief.
No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local solid or hazardous waste law with respect to any act
or omission within the scope of the official duties of the agent, employee, or officer. An agent, employee, or officer of the United
States shall be subject to any criminal sanction (including, but not
limited to, any fine or imprisonment) under any Federal or State
solid or hazardous waste 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 of any department, agency, or instrumentality in the executive branch from
compliance with such a requirement if he determines it to be in the
(5) AGREEMENT OR ORDER.—Except as provided in paragraph (4), nothing in this Act shall
be construed to alter, modify, or change in any manner any agreement, permit, or administrative or judicial order, including, without limitation, any provision of an agreement, permit, or order—
(i) that addresses compliance with section 3004(j) of the Solid Waste Disposal Act
with respect to mixed waste;
(ii) that is in effect on the date of enactment of this Act; and
(iii) to which a department, agency, or instrumentality of the executive branch of the
Federal Government is a party.

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paramount interest of the United States to do so. No such exemption shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part
of the budgetary process and the Congress shall have failed to
make available such requested appropriation. Any exemption shall
be for a period not in excess of one year, but additional exemptions
may be granted for periods not to exceed one year upon the 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. 1
(b) ADMINISTRATIVE ENFORCEMENT ACTIONS.—(1) The Administrator may commence an administrative enforcement action against
any department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government pursuant to
the enforcement authorities contained in this Act. The Administrator shall initiate an administrative enforcement action 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. Any voluntary resolution or settlement of
such an action shall be set forth in a consent order.
(2) No administrative order issued to such a department, agency, or instrumentality shall become final until such department,
agency, or instrumentality has had the opportunity to confer with
the Administrator.
(c) LIMITATION ON STATE USE OF FUNDS COLLECTED FROM FEDERAL GOVERNMENT.—Unless a State law in effect on the date of the
enactment of the Federal Facility Compliance Act of 1992 or a
State constitution requires the funds to be used in a different manner, all funds collected by a State from the Federal Government
from penalties and fines imposed for violation of any substantive
or procedural requirement referred to in subsection (a) shall be
used by the State only for projects designed to improve or protect
the environment or to defray the costs of environmental protection
or enforcement.
[42 U.S.C. 6961]
FEDERAL PROCUREMENT

SEC. 6002. (a) APPLICATION OF SECTION.—Except as provided
in subsection (b), a procuring agency 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 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, which is subject to regulations of the Ad1 Section 110 of the Federal Facility Compliance Act (Public Law 102–386) provides:
SEC. 110. ø42 U.S.C. 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 streams, and an accounting of the fines and penalties imposed on the agency for violations involving mixed waste.

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ministrator under section 6004 (as promulgated before the date of
enactment of this section 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) of this section, each
procuring agency which procures any items designated in such
guidelines shall procure such items composed of the highest percentage of recovered materials practicable (and in the case of
paper, the highest percentage of the postconsumer recovered materials referred to in subsection (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—
(A) are not reasonably available within a reasonable period
of time;
(B) fail to meet the performance standards set forth in the
applicable specifications or fail to meet the reasonable performance standards of the procuring agencies; or
(C) are only available at an unreasonable price. Any determination under subparagraph (B) shall be made on the basis
of the guidelines of the Bureau of Standards in any case in
which such material is covered by such guidelines.
(2) Agencies that generate heat, mechanical, or electrical energy from fossil fuel in systems that have the technical capability
of using energy or fuels derived from solid waste 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) of this section, contracting offices
shall require that vendors—
(i) certify that the percentage of recovered materials 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.
(B) Clause (ii) of subparagraph (A) applies only to a contract
in an amount greater than $100,000.
(d) SPECIFICATIONS.—All Federal agencies that have the responsibility for drafting or reviewing specifications for procurement
items procured by Federal agencies shall—
(1) as expeditiously as possible but in any event no later
than eighteen months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, eliminate from
such specifications—
(A) any exclusion of recovered materials and
(B) any requirement that items be manufactured from
virgin materials; and
(2) within one year after the date of publication of applicable guidelines under subsection (e), or as otherwise specified in
such guidelines, assure that such specifications require the use
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of recovered materials to the maximum extent possible without
jeopardizing the intended end use of the item.
(e) GUIDELINES.—The Administrator, after consultation with
the Administrator of General Services, the Secretary of Commerce
(acting through the Bureau of Standards), and the Public Printer,
shall prepare, and from time to time, revise, guidelines for the use
of procuring agencies in complying with the requirements of this
section. Such guidelines shall—
(1) designate those items which are or can be produced
with recovered materials and whose procurement by procuring
agencies will carry out the objectives of this section, and in the
case of paper, provide for maximizing the use of postconsumer
recovered materials referred to in subsection (h)(1); and
(2) set forth recommended practices with respect to the
procurement of recovered materials and items containing such
materials and with respect to certification by vendors of the
percentage of recovered materials 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 to be contained in the procured product. The Administrator shall prepare
final guidelines for paper within one hundred and eighty days after
the enactment of the Hazardous and Solid Waste Amendments of
1984, and for three additional product categories (including tires)
by October 1, 1985. In making the designation under paragraph
(1), the Administrator 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 on the volume of solid waste 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.
(f) PROCUREMENT OF SERVICES.—A procuring agency shall, to
the maximum extent practicable, manage or arrange for the procurement of solid waste management services in a manner which
maximizes energy and resource recovery.
(g) EXECUTIVE OFFICE.—The Office of Procurement Policy in
the Executive Office of the President, in cooperation with the Administrator, shall implement the requirements of this section. It
shall be the responsibility of the Office 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, and to,
every two years beginning in 1984, report to the Congress on actions taken by Federal agencies and the progress made in the implementation of this section, including agency compliance with subsection (d).
(h) DEFINITION.—As used in this section, in the case of paper
products, the term ‘‘recovered materials’’ includes—
(1) postconsumer materials such as—
(A) paper, paperboard, and fibrous wastes from retail
stores, office buildings, homes, and so forth, after they
have passed through their end-usage as a consumer item,
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including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used
cordage; and
(B) all paper, paperboard, and fibrous wastes that
enter and are collected from municipal solid waste, and
(2) manufacturing, forest residues, and other wastes such
as—
(A) dry paper and paperboard waste generated after
completion of the papermaking process (that is, those 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 of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters, or others;
(C) fibrous byproducts of harvesting, manufacturing,
extractive, or wood-cutting processes, flax, straw, linters,
bagasse, slash, and other forest residues;
(D) wastes generated by the conversion of goods made
from fibrous material (that is, waste rope from cordage
manufacture, textile mill waste, and cuttings); and
(E) fibers recovered from waste water which otherwise
would enter the waste stream.
(i) PROCUREMENT PROGRAM.—(1) Within one year after the
date of publication of applicable guidelines under subsection (e),
each procuring agency shall develop an affirmative procurement
program which will assure that items composed of recovered materials will be purchased to the maximum extent practicable and
which is consistent with applicable provisions of Federal procurement law.
(2) Each affirmative procurement program required under this
subsection shall, at a minimum, contain—
(A) a recovered materials preference program;
(B) an agency promotion program to promote the preference program adopted under subparagraph (A);
(C) a program for requiring estimates of the total percentage of recovered material utilized in the performance of a contract; certification of minimum recovered material 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.
In the case of paper, the recovered materials preference program
required under subparagraph (A) shall provide for the maximum
use of the post consumer recovered materials referred to in subsection (h)(1).
(3) In developing the preference program, the following options
shall be considered for adoption:
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(A) Case-by-Case Policy Development: Subject to the limitations of subsection (c)(1) (A) through (C), a policy of awarding
contracts to the vendor offering an item composed of the highest percentage of recovered materials practicable (and in the
case of paper, the highest percentage of the post consumer recovered materials referred to in subsection (h)(1)). Subject to
such limitations, agencies may make an award to a vendor offering items with less than the maximum recovered materials
content.
(B) Minimum Content Standards: Minimum recovered materials content specifications which are set in such a way as to
assure that the recovered materials content (and in the case of
paper, the content of post consumer materials referred to in
subsection (h)(1)) required is the maximum available without
jeopardizing the intended end use of the item, or violating the
limitations of subsection (c)(1) (A) through (C).
Procuring agencies shall adopt one of the options set forth in subparagraphs (A) and (B) or a substantially equivalent alternative,
for inclusion in the affirmative procurement program.
[42 U.S.C. 6962]
COOPERATION WITH THE ENVIRONMENTAL PROTECTION AGENCY

SEC. 6003. (a) GENERAL RULE.—All Federal agencies shall assist the Administrator in carrying out his functions under this Act
and shall promptly make available all requested information concerning past or present Agency waste management practices and
past or present Agency owned, leased, or operated solid or hazardous waste facilities. This information shall be provided in such
format as may be determined by the Administrator.
(b) INFORMATION RELATING TO ENERGY AND MATERIALS CONSERVATION AND RECOVERY.—The Administrator shall collect, maintain, and disseminate information concerning the market potential
of energy and materials recovered from solid waste, including materials obtained through source separation, and information concerning the savings potential of conserving resources contributing
to the waste stream. The Administrator shall identify the regions
in which the increased substitution of such energy for energy 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 or recovery
systems which provide for the recovery of source-separated materials to be recycled or the conservation of resources. The Administrator shall utilize the authorities of subsection (a) in carrying out
this subsection.
[42 U.S.C. 6963]
APPLICABILITY OF SOLID WASTE DISPOSAL GUIDELINES TO EXECUTIVE
AGENCIES

SEC. 6004. (a) COMPLIANCE.—(1) If—
(A) an executive agency (as defined in section 105 of title
5, United States Code) or any unit of the legislative branch of
the Federal Government has jurisdiction over any real propDecember 31, 2002

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erty or facility the operation or administration of which involves such agency in solid waste management activities, or
(B) such an agency enters into a contract with any person
for the operation by such person of any Federal property or facility, and the performance of such contract involves such person in solid waste management activities,
then such agency shall insure compliance with the guidelines recommended under section 1008 and the purposes of this Act in the
operation or administration of such property or facility, or the performance of such contract, as the case may be.
(2) Each Executive agency or any unit of the legislative branch
of the Federal Government which conducts any activity—
(A) which generates solid waste, and
(B) which, if conducted by a person other than such agency, would require a permit or license from such agency in order
to dispose of such solid waste,
shall insure compliance with such guidelines and the purposes of
this Act in conducting such activity.
(3) Each Executive agency which permits the use of Federal
property for purposes of disposal of solid waste shall insure compliance with such guidelines and the purposes of this Act in the disposal of such waste.
(4) The President or the Committee on House Oversight of the
House of Representatives and the Committee on Rules and Administration of the Senate with regard to any unit 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 of solid waste shall, prior
to the issuance of such license or permit, consult with the Administrator to insure compliance with guidelines recommended under
section 1008 and the purposes of this Act.
[42 U.S.C. 6964]

Subtitle G—Miscellaneous Provisions
EMPLOYEE PROTECTION

SEC. 7001. (a) GENERAL.—No person shall fire, or in any other
way discriminate against, or cause to be fired or discriminated
against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has
filed, instituted, or caused to be filed or instituted any proceeding
under this Act or under any applicable implementation plan, or has
testified or is about to testify in any proceeding resulting from the
administration or enforcement of the provisions of this Act or of
any applicable implementation plan.
(b) REMEDY.—Any employee or a representative of employees
who believes that he has been fired or otherwise discriminated
against by any person in violation of subsection (a) of this section
may, within thirty days after such alleged violation occurs, apply
to the Secretary of Labor for a review of such firing or alleged discrimination. A copy of the application shall be sent to such person
who shall be the respondent. Upon receipt of such application, the
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Secretary of Labor shall cause 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. 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 of the United States Code. Upon receiving the report of
such investigation, the Secretary of Labor shall make findings of
fact. If he finds that such violation did occur, he shall issue a decision, incorporating an order therein and his findings, requiring the
party committing such violation to take such affirmative action to
abate the violation as the Secretary of Labor deems appropriate, including, but not limited to, the rehiring or reinstatement of the employee or representative of employees to his former position with
compensation. If he finds that there was no such violation he shall
issue an order denying the application. Such order issued by the
Secretary of Labor under this subparagraph shall be subject to judicial review in the same manner as orders and decisions of the
Administrator or subject to judicial review under this Act.
(c) COSTS.—Whenever an order is issued under this section to
abate such violation, 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 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 committing such violation.
(d) EXCEPTION.—This section shall have no application to any
employee who, acting without direction from his employer (or his
agent) deliberately violates any requirement of this Act.
(e) EMPLOYMENT SHIFTS AND LOSS.—The Administrator shall
conduct continuing evaluations of potential loss or shifts of employment which may result from the administration or enforcement of
the provisions of this Act and applicable implementation plans, including, where appropriate, investigating threatened plant closures
or reductions in employment allegedly resulting from such administration or enforcement. Any employee who is discharged, or laid off,
threatened with discharge or layoff, or otherwise discriminated
against by any person because of the alleged results of such administration or enforcement, or any representative of such employee,
may request the Administrator to conduct a full investigation of
the matter. The Administrator 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 of the United States Code. Upon receiving
the report of such investigation, the Administrator 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 approDecember 31, 2002

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priate. Such report, findings, and recommendations shall be available to the public. Nothing in this subsection shall be construed to
require or authorize the Administrator or any State to modify or
withdraw any standard, limitation, or any other requirement of
this Act or any applicable implementation plan.
(f) OCCUPATIONAL SAFETY AND HEALTH.—In order to assist the
Secretary of Labor and the Director of the National Institute for
Occupational Safety and Health in carrying out their duties under
the Occupational Safety and Health Act of 1970, the Administrator
shall—
(1) provide the following information, as such information
becomes available, to the Secretary and the Director:
(A) the identity of any hazardous waste generation,
treatment, storage, disposal facility or site where cleanup
is planned or underway;
(B) information identifying the hazards to which persons working at a hazardous waste generation, treatment,
storage, disposal facility or site or otherwise handling hazardous waste may be exposed, the nature and extent of the
exposure, and methods to protect workers from such hazards; and
(C) incidents of worker injury or harm at a hazardous
waste generation, treatment, storage or disposal facility or
site; and
(2) notify the Secretary and the Director of the Administrator’s receipt of notifications under section 3010 or reports
under sections 3002, 3003, and 3004 of this title and make
such notifications and reports available to the Secretary and
the Director.
[42 U.S.C. 6971]
CITIZEN SUITS

SEC. 7002. (a) IN GENERAL.—Except as provided in subsection
(b) or (c) of this section, any person may commence a civil action
on his own behalf—
(1)(A) against any person (including (a) the United States,
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 of any permit, standard, regulation, condition, requirement, prohibition, or order
which has become effective pursuant to this Act; or
(B) against any person, including the United States and
any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution,
and including any past or present generator, past or present
transporter, or past or present owner or operator of a treatment, storage, or disposal facility, who has contributed or who
is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous
waste which may present an imminent and substantial
endangerment to health or the environment; or
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(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this
Act which is not discretionary with the Administrator.
Any action under paragraph (a)(1) of this subsection shall be
brought in the district court for the district in which the alleged
violation occurred or the alleged endangerment may occur. Any action brought under paragraph (a)(2) of this subsection may be
brought in the district court for the district in which the alleged
violation 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, regulation, condition, requirement, prohibition, or order, referred to in paragraph (1)(A), to restrain any person who has contributed or who is contributing to the past or
present handling, storage, treatment, transportation, or disposal of
any solid or hazardous waste referred to in paragraph (1)(B), to
order such person to take such other action as may be necessary,
or both, or to order the Administrator to perform the act or duty
referred to in paragraph (2), as the case may be, and to apply any
appropriate civil penalties under section 3008 (a) and (g).
(b) ACTIONS PROHIBITED.—(1) No action may be commenced
under subsection (a)(1)(A) of this section—
(A) prior to 60 days after the plaintiff has given notice of
the violation to—
(i) the Administrator;
(ii) the State in which the alleged violation occurs; and
(iii) to any alleged violator of such permit, standard,
regulation, condition, requirement, prohibition, or order,
except that such action may be brought immediately after such
notification in the case of an action under this section respecting a violation of subtitle C of this Act; or
(B) if the Administrator or State has commenced and is
diligently prosecuting a civil or criminal action in a court of the
United States or a State to require compliance with such permit, standard, regulation, condition, requirement, prohibition,
or order.
In any action under subsection (a)(1)(A) in a court of the United
States, any person may intervene as a matter of right.
(2)(A) No action may be commenced under subsection (a)(1)(B)
of this section prior to ninety days after the plaintiff has given notice of the endangerment to—
(i) the Administrator;
(ii) the State in which the alleged endangerment may
occur;
(iii) any person alleged to have contributed or to be contributing to the past or present handling, storage, treatment,
transportation, or disposal of any solid or hazardous waste referred to in subsection (a)(1)(B),
except that such action may be brought immediately after such notification in the case of an action under this section respecting a
violation of subtitle C of this Act.
(B) No action may be commenced under subsection (a)(1)(B) of
this section if the Administrator, in order to restrain or abate acts
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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 7003 of this Act or under section 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 1
(ii) is actually engaging in a removal action under section
104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980;
(iii) has incurred costs to initiate a Remedial Investigation
and Feasibility Study under section 104 of the Comprehensive
Environmental Response, Compensation and Liability Act of
1980 and is diligently proceeding with a remedial action under
that Act; or
(iv) has obtained a court order (including a consent decree)
or issued an administrative order under section 106 of the
Comprehensive Environmental Response, Compensation and
Liability Act of 980 1 or section 7003 of this Act pursuant to
which a responsible party is diligently conducting a removal
action, Remedial Investigation and Feasibility Study (RIFS), or
proceeding with a remedial action.
In the case of an administrative order referred to in clause (iv), actions under subsection (a)(1)(B) are prohibited only as to the scope
and duration of the administrative order referred to in clause (iv).
(C) No action may be commenced under subsection (a)(1)(B) of
this section if the State, in order to restrain or abate acts or conditions which may have contributed or are contributing to the activities which may present the alleged endangerment—
(i) has commenced and is diligently prosecuting an action
under subsection (a)(1)(B);
(ii) is actually engaging in a removal action under section
104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980; 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 and is diligently proceeding with a remedial action under
that Act.
(D) No action may be commenced under subsection (a)(1)(B) by
any person (other than a State or local government) with respect
to the siting of a hazardous waste treatment, storage, or a disposal
facility, nor to restrain or enjoin the issuance of a permit for such
facility.
(E) In any action under subsection (a)(1)(B) in a court of the
United States, any person may intervene as a matter of right when
the applicant claims an interest relating to the subject of the action
and he is so situated that the disposition of the action may, as a
practical matter, impair or impede his ability to protect that interest, unless the Administrator or the State shows that the applicant’s interest is adequately represented by existing parties.
1 So
1 So

December 31, 2002

in law. The comma probably should be a semicolon.
in law. Probably should be ‘‘1980’’.

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(F) Whenever any action is brought under subsection (a)(1)(B)
in a court of the United States, the plaintiff shall serve a copy of
the complaint on the Attorney General of the United States and
with the Administrator.
(c) NOTICE.—No action may be commenced under paragraph
(a)(2) of this section prior to 60 days after the plaintiff has given
notice to the Administrator 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 of subtitle C of this Act. Notice under this subsection shall be
given in such manner as the Administrator shall prescribe by regulation. Any action respecting a violation under this Act may be
brought under this section only in the judicial district in which
such alleged violation occurs.
(d) INTERVENTION.—In any action under this section the Administrator, 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 7006, 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 (or class of persons) may have
under any statute or common law to seek enforcement of any
standard or requirement relating to the management of solid waste
or hazardous waste, or to seek any other relief (including relief
against the Administrator or a State agency).
(g) TRANSPORTERS.—A transporter shall not be deemed to have
contributed or to be contributing to the handling, storage, treatment, or disposal, referred to in subsection (a)(1)(B) taking place
after such solid waste or hazardous waste has left the possession
or control of such transporter, if the transportation of such waste
was under a sole contractual arrangement arising from a published
tariff and acceptance for carriage by common carrier by rail and
such transporter has exercised due care in the past or present handling, storage, treatment, transportation and disposal of such
waste.
[42 U.S.C. 6972]
IMMINENT HAZARD

SEC. 7003. (a) AUTHORITY OF ADMINISTRATOR.—Notwithstanding any other provision of this Act, upon receipt of evidence
that the past or present handling, storage, treatment, transportation or disposal of any solid waste or hazardous waste may
present an imminent and substantial endangerment to health or
the environment, the Administrator may bring suit on behalf of the
United States in the appropriate district court against any person
(including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage,
or disposal facility) who has contributed or who is contributing to
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the alleged disposal to restrain such person from such handling,
storage, treatment, transportation, or disposal, to order such person 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, treatment, or disposal taking
place after such solid waste or hazardous waste has left the possession or control of such transporter if the transportation of such
waste was under a sole 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, treatment, transportation and disposal
of such waste. The Administrator shall provide notice to the affected State of any such suit. The Administrator may also, after notice to the affected State, 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 who willfully violates, or fails or
refuses to comply with, any order of the Administrator under subsection (a) may, in an action brought in the appropriate United
States district court to enforce such order, be fined not more than
$5,000 for each day in which such violation occurs or such failure
to comply continues.
(c) IMMEDIATE NOTICE.—Upon receipt of information that there
is hazardous waste at any site which has presented an imminent
and substantial endangerment to human health or the environment, the Administrator shall provide immediate notice to the appropriate local government agencies. In addition, the Administrator
shall require notice of such endangerment to be promptly posted at
the site where the waste is located.
(d) PUBLIC PARTICIPATION IN SETTLEMENTS.—Whenever the
United States or the Administrator proposes to covenant not to sue
or to forbear from suit or to settle any claim arising under this section, notice, and opportunity for a public meeting in the affected
area, and a reasonable opportunity to comment on the proposed
settlement prior to its final entry shall be afforded to the public.
The decision of the United States or the Administrator to enter into
or not to enter into such Consent Decree, covenant or agreement
shall not constitute a final agency action subject to judicial review
under this Act or the Administrative Procedure Act.
[42 U.S.C. 6973]
PETITION FOR REGULATIONS; PUBLIC PARTICIPATION

SEC. 7004. (a) PETITION.—Any person may petition the Administrator for the promulgation, amendment, or repeal of any regulation under this Act. Within a reasonable time following receipt of
such petition, the Administrator 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, and enforcement of any regulation, guideline, information, or program under this Act shall be
1 So

December 31, 2002

in law. Probably should be ‘‘contractual’’.

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provided for, encouraged, and assisted by the Administrator and
the States. The Administrator, in cooperation with the States, shall
develop and publish minimum guidelines for public participation in
such processes.
(2) Before the issuing of a permit to any person with any respect to 1 any facility for the treatment, storage, or disposal of hazardous wastes under section 3005, the Administrator shall—
(A) cause 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 having jurisdiction over the area in which such facility is proposed to be
located and to each State agency having any authority under
State law with respect to the construction or operation of such
facility.
If within 45 days the Administrator receives written notice of opposition to the agency’s intention to issue such permit and a request
for a hearing, or if the Administrator determines on his own initiative, 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. Whenever possible
the Administrator shall schedule such hearing at a location convenient to the nearest population center to such proposed facility and
give notice in the aforementioned manner of the date, time, and
subject matter of such hearing. No State program which provides
for the issuance of permits referred to in this paragraph may be
authorized by the Administrator under section 3006 unless such
program provides for the notice and hearing required by the paragraph.
[42 U.S.C. 6974]
SEPARABILITY

SEC. 7005. If any provision of this Act, or the application of any
provision of this Act to any person or circumstance, is held invalid,
the application of such provision to other persons or circumstances,
and the remainder of this Act, shall not be affected thereby.
[42 U.S.C. 6975]
JUDICIAL REVIEW

SEC. 7006. (a) REVIEW OF FINAL REGULATIONS AND CERTAIN
PETITIONS.—Any judicial review of final regulations promulgated
pursuant to this Act and the Administrator’s denial of any petition
for the promulgation, amendment, or repeal of any regulation
under this Act shall be in accordance with sections 701 through
706 of title 5 of the United States Code, except that—
(1) a petition for review of action of the Administrator in
promulgating any regulation, or requirement under this Act or
denying any petition for the promulgation, amendment or repeal of any regulation under this Act may be filed only in the
United States Court of Appeals for the District of Columbia,
1 So

December 31, 2002

in law. Probably should be ‘‘with respect to’’.

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and such petition shall be filed within ninety days from the
date of such promulgation or denial or after such date if such
petition is for review based solely on grounds arising after such
ninetieth day; action of the Administrator with respect to
which review could have been obtained under this subsection
shall not be subject to judicial review in civil or criminal proceedings for enforcement; and
(2) in any judicial proceeding brought under this section in
which review is sought of a determination under this Act required to be made on the record after notice and opportunity
for hearing, if a party seeking review under this Act 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,
the court may order such additional evidence (and evidence in
rebuttal thereof) to be taken before the Administrator, and to
be adduced upon the hearing in such manner and upon such
terms and conditions as the court may deem proper; the Administrator 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 or new findings
and his recommendation, if any, for the modification or setting
aside of his original order, with the return of such additional
evidence.
(b) REVIEW OF CERTAIN ACTIONS UNDER SECTIONS 3005 AND
3006.—Review of the Administrator’s action (1) in issuing, denying,
modifying, or revoking any permit under section 3005 (or in modifying or revoking any permit which is deemed to have been issued
under section 3012(d)(1)) 1, or (2) in granting, denying, or withdrawing authorization or interim authorization under section 3006,
may be had by any interested person in the Circuit Court of Appeals of the United States for the Federal judicial district in which
such person resides or transacts such business upon application by
such person. Any such application shall be made within ninety
days from the date of such issuance, denial, modification, 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 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 of title
5 of the United States Code.
[42 U.S.C. 6976]
GRANTS OR CONTRACTS FOR TRAINING PROJECTS

SEC. 7007. (a) GENERAL AUTHORITY.—The Administrator is authorized to make grants to, and contracts with any eligible organization. For purposes of this section the term ‘‘eligible organization’’
means a State or interstate agency, a municipality, educational institution, and any other organization which is capable of effectively
1 The reference in section 7006(b) to section 3012(d)(1) should be a reference to section
3014(d)(1), pursuant to the renumbering made by Public Law 98–616.

December 31, 2002

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carrying out a project which may be funded by grant under subsection (b) of this section.
(b) PURPOSES.—(1) Subject to the provisions of paragraph (2),
grants or contracts may be made to pay all or a part of the costs,
as may be determined by the Administrator, of any project operated or to be operated by an eligible organization, which is
designed—
(A) to develop, expand, or carry out a program (which may
combine training, education, and employment) for training persons for occupations involving the management, supervision,
design, operation, or maintenance of solid waste management
and resource recovery equipment and facilities; or
(B) to train instructors and supervisory personnel to train
or supervise persons in occupations involving the design, operation, and maintenance of solid waste management and resource recovery equipment and facilities.
(2) A grant or contract authorized by paragraph (1) of this subsection may be made only upon application to the Administrator 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 safe procedures and reports (and access to such reports and to other records) as required by section 207(b) (4) and (5)
(as in effect before the date of the enactment of Resource Conservation and Recovery Act of 1976) with respect to applications made
under such section (as in effect before the date of the enactment
of Resource Conservation and Recovery Act of 1976).
[42 U.S.C. 6977]
PAYMENTS

SEC. 7008. (a) GENERAL RULE.—Payments of grants under this
Act 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 may determine.
(b) PROHIBITION.—No grant may be made under this Act to any
private profitmaking organization.
[42 U.S.C. 6978]
LABOR STANDARDS

SEC. 7009. No grant for a project of construction under this Act
shall be made unless the Administrator finds that the application
contains or is supported by reasonable assurance that all laborers
and mechanics employed by contractors or subcontractors on
projects of the type covered by the Davis-Bacon Act, as amended
(40 U.S.C. 276a—276a–5), will be paid wages at rates not less than
those prevailing on similar work in the locality as determined by
the Secretary of Labor in accordance with that Act; and the Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z–
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5) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C.
276c).
[42 U.S.C. 6979]
LAW ENFORCEMENT AUTHORITY

SEC. 7010. The Attorney General of the United States shall, at
the request of the Administrator and on the basis of a showing of
need, deputize qualified employees of the Environmental Protection
Agency to serve as special deputy United States marshals in criminal investigations with respect to violations of the criminal provisions of this Act.
[42 U.S.C. 6979b]

Subtitle H—Research, Development, Demonstration, and
Information
RESEARCH, DEMONSTRATIONS, TRAINING, AND OTHER ACTIVITIES

SEC. 8001. (a) GENERAL AUTHORITY.—The Administrator, alone
or after consultation with the Administrator of the Federal Energy
Administration, the Administrator of the Energy Research and Development Administration, or the Chairman of the Federal Power
Commission, shall conduct, and encourage, cooperate with, and
render financial and other assistance to appropriate public (whether Federal, State, 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, demonstrations, surveys, public education programs, and studies relating to—
(1) any adverse health and welfare effects of the release
into the environment of material present in solid waste, and
methods to eliminate such effects;
(2) the operation and financing of solid waste management
programs;
(3) the planning, implementation, and operation of resource recovery and resource conservation systems and hazardous waste management systems, including the marketing of
recovered resources;
(4) the production of usable forms of recovered resources,
including fuel, from solid waste;
(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 and processing and recovering materials and energy from solid wastes;
(7) the identification of solid waste components and potential materials and energy recoverable from such waste components;
(8) small scale and low technology solid waste management systems, including but not limited to, resource recovery
source separation systems;
(9) methods to improve the performance characteristics of
resources recovered from solid waste and the relationship of
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such performance characteristics to available and potentially
available markets for such resources;
(10) improvements in land disposal practices for solid
waste (including sludge) which may reduce the adverse environmental effects of such disposal and other aspects of solid
waste disposal 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 and other uses, and techniques of recovering materials and energy from landfills;
(11) methods for the sound disposal of, or recovery of resources, including energy from sludge (including sludge from
pollution control and treatment facilities, coal slurry pipelines,
and other sources);
(12) methods of hazardous waste management, 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 which is burned (either alone or in conjunction with
other substances) for purposes of treatment, disposal or energy
recovery.
(b) MANAGEMENT PROGRAM.—(1)(A) In carrying out his functions pursuant to this Act, and any other Federal legislation respecting solid waste or discarded material research, development,
and demonstrations, the Administrator shall establish a management program 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 phase.
(B) The Administrator shall (i) assist, on the basis of any research projects which are developed with assistance under this Act
or without Federal assistance, the construction of pilot plant facilities for the purpose of investigating or testing the technological feasibility of any promising new fuel, energy, or resource recovery or
resource conservation 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 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 shall be so
planned and designed that, if successful, it can be expanded or utilized directly as a full-scale operational fuel, energy, or resource recovery or resource conservation facility.
(2) Any energy-related research, development, or demonstration project for the conversion including bioconversion, of solid
waste carried out by the Environmental Protection Agency or by
the Energy Research and Development Administration pursuant to
this or any other Act shall be administered in accordance with the
May 7, 1976, Interagency Agreement between the Environmental
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ministration on the Development of Energy from Solid Wastes and
specifically, that in accordance with this agreement, (A) for those
energy-related projects of mutual interest, planning will be conducted jointly by the Environmental Protection Agency and the Energy Research and Development Administration, following which
project responsibility will be assigned to one agency; (B) energy-related portions of projects for recovery of synthetic fuels or other
forms of energy from solid waste shall be the responsibility of the
Energy Research and Development Administration; (C) the Environmental Protection Agency shall retain responsibility for the environmental, economic, and institutional aspects of solid waste
projects and for assurance that such projects are consistent with
any applicable suggested guidelines published pursuant to section
1008, and any applicable State or regional solid waste management
plan; and (D) any activities undertaken under provisions of sections
8002 and 8003 as related to energy; as related to energy or synthetic fuels recovery from waste; or as related to energy conservation shall be accomplished through coordination and consultation
with the Energy Research and Development Administration.
(c) AUTHORITIES.—(1) In carrying out subsection (a) of this section respecting solid waste research, studies, development, and
demonstration, except as otherwise specifically provided in section
8004(d), the Administrator may make grants to or enter into contracts (including contracts for construction) with, public agencies
and authorities or private persons.
(2) Contracts for research, development, or demonstrations or
for both (including contracts for construction) shall be made in accordance with and subject to the limitations provided with respect
to research contracts of the military departments in title 10, United
States Code, section 2353, except that the determination, approval,
and certification required thereby shall be made by the Administrator.
(3) Any invention made or conceived in the course of, or under,
any contract under this Act shall be subject to section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 to
the same extent and in the same manner as inventions made or
conceived in the course of contracts under such Act, except that in
applying such section, the Environmental Protection Agency shall
be substituted for the Energy Research and Development Administration and the words ‘‘solid waste’’ shall be substituted for the
word ‘‘energy’’ where appropriate.
(4) For carrying out the purpose of this Act the Administrator
may detail personnel of the Environmental Protection Agency to
agencies eligible for assistance under this section.
[42 U.S.C. 6981]
SPECIAL STUDIES; PLANS FOR RESEARCH, DEVELOPMENT, AND
DEMONSTRATIONS

SEC. 8002. (a) GLASS AND PLASTIC.—The Administrator shall
undertake a study and publish a report on resource recovery from
glass and plastic waste, including a scientific, technological, and
economic investigation of potential solutions to implement such recovery.
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(b) COMPOSITION OF WASTE STREAM.—The Administrator shall
undertake a systematic study of the composition of the solid waste
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 from solid waste
and developing materials and energy recovery research, development, and demonstration strategies, the Administrator shall review, and make a study of, the various existing and promising
techniques of energy recovery from solid waste (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 shall investigate with respect to
each such technique—
(1) the degree of public need for the potential results of
such research, development, or demonstration,
(2) the potential for research, development, and demonstration 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 shall undertake a comprehensive study and analysis of, and
publish a report on, systems of small-scale and low technology solid
waste management, including household resource recovery and resource recovery systems which have special application to multiple
dwelling units and high density housing and office complexes. Such
study and analysis shall include an investigation of the degree to
which such systems could contribute to energy conservation.
(e) FRONT-END SOURCE SEPARATION.—The Administrator shall
undertake research and studies concerning the compatibility of
front-end source separation systems with high technology resource
recovery systems and shall publish a report containing the results
of such research and studies.
(f) MINING WASTE.—The Administrator, in consultation with
the Secretary of the Interior, shall conduct a detailed and comprehensive study on the adverse effects of solid wastes 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 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 practices;
(3) potential dangers to human health and the environment from surface runoff to leachate and air pollution by dust;
(4) alternatives to current disposal methods;
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(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 shall, as he deems
appropriate, review studies and other actions of other Federal
agencies 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 the date of the enactment of the Solid
Waste Disposal Act Amendments of 1980 the Administrator 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 Senate and the Committee on Interstate and Foreign Commerce of the
United States House of Representatives.
(g) SLUDGE.—The Administrator shall undertake a comprehensive study and publish a report on sludge. Such study shall include
an analysis of—
(1) what types of solid waste (including but not limited to
sewage and pollution treatment 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;
(2) the effects of air and water pollution legislation on the
creation of large volumes of sludge;
(3) the amounts of sludge originating in each State and in
each industry producing sludge;
(4) methods of disposal of such sludge, including the cost,
efficiency, and effectiveness of such methods;
(5) alternative methods for the use of sludge, including agricultural applications of sludge and energy recovery from
sludge; and
(6) methods to reclaim areas which have been used for the
disposal of sludge or which have been damaged by sludge.
(h) TIRES.—The Administrator shall undertake a study and
publish a report respecting discarded motor vehicle tires which
shall include an analysis of the problems involved in the collection,
recovery of resources including energy, and use of such tires.
(i) RESOURCE RECOVERY FACILITIES.—The Administrator shall
conduct research and report on the economics of, and impediments,
to the effective functioning of resource recovery facilities.
(j) RESOURCE CONSERVATION COMMITTEE.—(1) The Administrator shall serve as Chairman of a Committee composed of himself, the Secretary of Commerce, the Secretary of Labor, the Chairman of the Council on Environmental Quality, the Secretary of the
Treasury, the Secretary of the Interior, the Secretary of Energy,
the Chairman of the Council of Economic Advisors, and a representative of the Office 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 with respect to—
(A) the appropriateness of recommended incentives and
disincentives to foster resource conservation;
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(B) the effect of existing public policies (including subsidies
and economic incentives and disincentives, percentage depletion allowances, capital gains treatment and other tax incentives and disincentives) upon resource conservation, and the
likely effect of the modification or elimination of such incentives and disincentives upon resource conservation;
(C) the appropriateness and feasibility of restricting the
manufacture or use of categories of consumer products as a resource conservation strategy;
(D) the appropriateness and feasibility of employing as a
resource conservation strategy the imposition of solid waste
management charges on consumer products, which charges
would reflect the costs of solid waste management services, litter pickup, the value of recoverable components of such product, final disposal, and any social value associated with the
nonrecycling or uncontrolled disposal of such product; and
(E) the need for further research, development, and demonstration in the area of resource conservation.
(2) The study required in paragraph (1)(D) may include pilot
scale projects, and shall consider and evaluate alternative strategies with respect to—
(A) the product categories on which such charges would be
imposed;
(B) the appropriate state in the production of such consumer product at which to levy such charge;
(C) appropriate criteria for establishing such charges for
each consumer product category;
(D) methods for the adjustment of such charges to reflect
actions such as recycling which would reduce the overall quantities of solid waste requiring disposal; 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 enactment of this section 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 enactment of this subsection.
(5) There are authorized to be appropriated not to exceed
$2,000,000 to carry out this subsection.
(k) AIRPORT LANDFILLS.—The Administrator shall undertake a
comprehensive study and analysis of and publish a report on systems to alleviate the hazards to aviation from birds congregating
and feeding on landfills in the vicinity of airports.
(l) COMPLETION OF RESEARCH AND STUDIES.—The Administrator shall complete the research and studies, and submit the reports, required under subsections (b), (c), (d), (e), (f), (g), and (k) not
later than October 1, 1978. The Administrator shall complete the
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sections (a), (h), (i), and (j) not later than October 1, 1979. Upon
completion, each study specified in subsections (a) through (k) of
this section, the Administrator shall prepare a plan for research,
development, and demonstration 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 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 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 practices;
(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 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.
In furtherance of this study, the Administrator shall, as he deems
appropriate, review studies and other actions of other Federal
agencies concerning such wastes with a view toward avoiding duplication of effort and the need to expedite such study. The Administrator 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 shall complete the research and study
and submit the report required under paragraph (1) not later than
twenty-four months from the date of enactment of the Solid Waste
Disposal Act Amendments of 1980. Upon completion of the study,
the Administrator shall prepare a summary of the findings of the
study, a plan for research, development, and demonstration 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 Senate and the Committee on Interstate and
Foreign Commerce of the United States House of Representatives.
(3) There are authorized to be appropriated not to exceed
$1,000,000 to carry out the provisions of this subsection.
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(n) MATERIALS GENERATED FROM THE COMBUSTION OF COAL
OTHER FOSSIL FUELS.—The Administrator 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 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 and utilization practices;
(3) potential danger, if any, to human health and the environment from the disposal 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 methods;
(6) the cost 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 shall, as he deems
appropriate, review studies and other actions of other Federal and
State agencies concerning such material and invite participation by
other concerned parties, including industry and other Federal and
State agencies, with a view toward avoiding duplication of effort.
The Administrator shall publish a report on such study, which
shall include appropriate findings, not later than twenty-four
months after the enactment of the Solid Waste Disposal Act
Amendments of 1980. Such study and findings shall be submitted
to the Committee on Environment and Public Works of the United
States Senate and the Committee on Interstate and Foreign Commerce of the United States House of Representatives.
(o) CEMENT KILN DUST WASTE.—The Administrator shall conduct a detailed and comprehensive study of the adverse effects on
human health and the environment, if any, of the disposal 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 practices;
(3) potential danger, if any, to human health and the environment from the disposal of such materials;
(4) documented cases in which danger to human health or
the environment has been proved;
(5) alternatives to current disposal 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 shall, as he deems
appropriate, review studies and other actions of other Federal and
State agencies concerning such waste or materials and invite participation by other concerned parties, including industry and other
Federal and State agencies, with a view toward avoiding duplicaAND

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tion of effort. The Administrator shall publish a report of such
study, which shall include appropriate findings, not later than thirty-six months after the date of enactment of the Solid Waste Disposal Act Amendments of 1980. Such report shall be submitted to
the Committee on Environment and Public Works of the United
States Senate and the Committee on Interstate and Foreign Commerce of the United States House of Representatives.
(p)
MATERIALS
GENERATED
FROM
THE
EXTRACTION,
BENEFICIATION, AND PROCESSING OF ORES AND MINERALS, INCLUDING PHOSPHATE ROCK AND OVERBURDEN FROM URANIUM MINING.—
The Administrator shall conduct a detailed and comprehensive
study on the adverse effects on human health and the environment, if any, of the disposal and utilization of solid waste 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) of this section and shall
include an analysis of—
(1) the source and volumes of such materials generated per
year;
(2) present disposal and utilization practices;
(3) potential danger, if any, to human health and the environment from the disposal 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 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 shall, as he deems
appropriate, review studies and other actions of other Federal and
State agencies concerning such waste or materials and invite participation by other concerned parties, including industry and other
Federal and State agencies, with a view toward avoiding duplication of effort. The Administrator 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) of this section. Such report
and findings shall be submitted to the Committee on Environment
and Public Works of the United States Senate and the Committee
on Interstate and Foreign Commerce of the United States House of
Representatives.
(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).
(r) MINIMIZATION OF HAZARDOUS WASTE.—The Administrator
shall compile, and not later than October 1, 1986, submit to the
Congress, a report on the feasibility and desirability of establishing
standards of performance or of taking other additional actions
under this Act to require the generators of hazardous waste to reduce the volume or quantity and toxicity of the hazardous waste
they generate, and of establishing with respect to hazardous wastes
required management practices or other requirements to assure
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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 determines are feasible and desirable to implement the
national policy established by section 1003.
(s) EXTENDING LANDFILL LIFE AND REUSING LANDFILLED
AREAS.—The Administrator shall conduct detailed, comprehensive
studies of methods to extend the useful life of sanitary landfills and
to better use sites in which filled or closed landfills are located.
Such studies shall address—
(1) methods to reduce the volume of materials before placement in landfills;
(2) more efficient systems for depositing waste in landfills;
(3) methods to enhance the rate of decomposition of solid
waste in landfills, in a safe and environmentally acceptable
manner;
(4) methane production from closed landfill units;
(5) innovative uses of closed landfill sites, including use for
energy production such as solar or wind energy and use for
metals recovery;
(6) potential for use of sewage treatment sludge in reclaiming landfilled areas; and
(7) methods to coordinate use of a landfill owned by one
municipality by nearby municipalities, 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 is authorized to conduct demonstrations in the
areas of study provided in this subsection. The Administrator 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 need not duplicate other studies
which have been completed and may rely upon information which
has previously been compiled.
[42 U.S.C. 6982]
COORDINATION, COLLECTION, AND DISSEMINATION OF INFORMATION

SEC. 8003. (a) INFORMATION.—The Administrator shall develop,
collect, evaluate, and coordinate information on—
(1) methods and costs of the collection of solid waste;
(2) solid waste management practices, 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) that can be recovered from solid waste by use of various solid waste management practices and various technologies;
(4) methods available to reduce the amount of solid waste
that is generated;
(5) existing and developing technologies for the recovery of
energy or materials from solid waste and the costs, reliability,
and risks associated with such technologies;
(6) hazardous solid waste, including incidents of damage
resulting from the disposal of hazardous solid wastes; inherDecember 31, 2002

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ently and potentially hazardous solid wastes; methods of neutralizing or properly disposing of hazardous solid wastes; facilities that properly dispose of hazardous wastes;
(7) methods of financing resource recovery facilities or,
sanitary landfills, or hazardous solid waste treatment facilities,
whichever is appropriate for the entity developing such facility
or landfill (taking into account the amount of solid waste reasonably expected to be available to such entity);
(8) the availability of markets for the purchase of resources, either materials or energy, recovered from solid waste;
and
(9) research and development projects respecting solid
waste management.
(b) LIBRARY.—(1) The Administrator shall establish and maintain a central reference library for (A) the materials collected pursuant to subsection (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 and resource recovery
from solid waste,
(ii) the various systems and means of resource conservation,
(iii) the various systems and technologies for collection,
transport, storage, treatment, and final disposition of solid
waste, and
(iv) other aspects of solid waste and hazardous solid waste
management.
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), and,
subject to any applicable requirements of confidentiality, information respecting any aspect of solid waste provided by officers and
employees of the Environmental Protection Agency which has been
acquired by them in the conduct of their functions under this Act
and which may be of value to Federal, State, and local authorities
and other persons.
(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 and local governments and other
persons 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 and
local governments in determining the cost and revenues associated
with the collection and disposal of solid waste and with resource recovery operations, the Administrator shall develop and publish a
recommended model cost and revenue accounting system applicable
to the solid waste management functions of State and local governments. Such system shall be in accordance with generally accepted
accounting principles. The Administrator 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 is authorized, in cooperation with appropriate State and local agencies, to recommend
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model codes, ordinances, and statutes, providing for sound solid
waste management.
(e) INFORMATION PROGRAMS.—(1) The Administrator shall implement a program for the rapid dissemination of information on
solid waste management, hazardous waste management, resource
conservation, and methods of resource recovery from solid waste,
including the results of any relevant research, investigations, experiments, surveys, studies, or other information which may be
useful in the implementation of new or improved solid waste management practices and methods and information on any other technical, managerial, financial, or market aspect of resource conservation and recovery facilities.
(2) The Administrator shall develop and implement educational
programs to promote citizen understanding of the need for environmentally sound solid waste management practices.
(f) COORDINATION.—In collecting and disseminating information under this section, the Administrator shall coordinate his actions and cooperate to the maximum extent possible with State and
local authorities.
(g) SPECIAL RESTRICTION.—Upon request, the full range or alternative technologies, programs or processes deemed feasible to
meet the resource recovery or resource conservation 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 of the Environmental Protection
Agency shall, in an official capacity, lobby for or otherwise represent an agency position in favor of resource recovery or resource
conservation, as a policy alternative for adoption into ordinances,
codes, regulations, or law by any State or political subdivision
thereof.
[42 U.S.C. 6983]
FULL-SCALE DEMONSTRATION FACILITIES

SEC. 8004. (a) AUTHORITY.—The Administrator may enter into
contracts with public agencies or authorities or private persons for
the construction and operation of a full-scale demonstration facility
under this Act, or provide financial assistance in the form of grants
to a full-scale demonstration facility under this Act only if the Administrator finds that—
(1) such facility or proposed facility will demonstrate at
full scale a new or significantly improved technology or process, a practical and significant improvement in solid waste
management 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,
local, or commercial facility which has been constructed or with
respect to which construction has begun (determined as of the
date action is taken by the Administrator under this Act),
(2) such contract or assistance meets the requirements of
section 8001 and meets other applicable requirements of the
Act,
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(3) such facility will be able to comply with the guidelines
published under section 1008 and with other laws and regulations for the protection of health and the environment,
(4) in the case of a contract for construction or operation,
such facility is not likely to be constructed or operated by
State, local, or private persons or in the case of an application
for financial assistance, such facility is not likely to receive
adequate financial assistance from other sources, and
(5) any Federal interest in, or assistance to, such facility
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 Act.
(b) TIME LIMITATION.—No obligation may be made by the Administrator for financial assistance under this subtitle for any fullscale demonstration facility after the date ten years after the enactment of this section. No expenditure of funds for any such fullscale demonstration facility under this subtitle may be made by the
Administrator after the date fourteen years after such date of enactment.
(c) COST SHARING.—(1) Wherever practicable, in constructing,
operating, or providing financial assistance under this subtitle to a
full-scale demonstration facility, the Administrator shall endeavor
to enter into agreements and make other arrangements for maximum practicable cost sharing with other Federal, State, and local
agencies, private persons, or any combination thereof.
(2) The Administrator shall enter into arrangements, wherever
practicable and desirable, to provide monitoring of full-scale solid
waste facilities (whether or not constructed or operated under this
Act) for purposes of obtaining information concerning the performance, and other aspects, of such facilities. Where the Administrator
provides only monitoring and evaluation instruments or personnel
(or both) or funds for such instruments or personnel and provides
no other financial assistance to a facility, notwithstanding section
8001(c)(3), title to any invention made or conceived of in the course
of developing, constructing, or operating such facility shall not be
required to vest in the United States and patents respecting such
invention shall not be required to be issued to the United States.
(d) PROHIBITION.—After the date of enactment of this section,
the Administrator shall not construct or operate any full-scale facility (except by contract with public agencies or authorities or private persons).
[42 U.S.C. 6984]
SPECIAL STUDY AND DEMONSTRATION PROJECTS ON RECOVERY OF
USEFUL ENERGY AND MATERIALS

SEC. 8005. (a) STUDIES.—The Administrator shall conduct
studies and develop recommendations for administrative or legislative action on—
(1) means of recovering materials and energy from solid
waste, recommended uses of such materials and energy for national or international welfare, including identification of potential markets for such recovered resources, the impact of distribution of such resources on existing markets, and potentials
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for energy conservation through resource conservation and resource recovery;
(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 and contribute to more effective programs of reduction, reuse, or disposal of wastes;
(4) the use of Federal procurement to develop market demand for recovered resources;
(5) recommended incentives (including Federal grants,
loans, and other assistance) and disincentives to accelerate the
reclamation or recycling of materials from solid wastes, with
special emphasis on motor vehicle hulks;
(6) the effect of existing public policies, including subsidies
and economic incentives and disincentives, percentage depletion allowances, capital gains treatment and other tax incentives and disincentives, upon the recycling and reuse of materials, and the likely effect of the modification or elimination of
such incentives and disincentives upon the reuse, recycling and
conservation of such materials;
(7) the necessity and method of imposing disposal or other
charges on packaging, containers, vehicles, and other manufactured goods, which charges would reflect the cost of final disposal, the value of recoverable components of the item, and any
social costs associated with nonrecycling or uncontrolled disposal of such items; and
(8) the legal constraints and institutional barriers to the
acquisition of land needed for solid waste management, including land for facilities and disposal sites;
(9) in consultation with the Secretary of Agriculture, agricultural waste management problems and practices, the extent
of reuse and recovery of resources in such wastes, the prospects for improvement, Federal, State, and local regulations
governing such practices, and the economic, social, and environmental consequences of such practices; and
(10) in consultation with the Secretary of the Interior, mining waste management problems, and practices, including an
assessment of existing authorities, technologies, and economics,
and the environmental and public health consequences of such
practices.
(b) DEMONSTRATION.—The Administrator is also authorized to
carry out demonstration projects to test and demonstrate methods
and techniques developed pursuant to subsection (a).
(c) APPLICATION OF OTHER SECTION.—Section 8001 (b) and (c)
shall be applicable to investigations, studies, and projects carried
out under this section.
[42 U.S.C. 6985]
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GRANTS FOR RESOURCE RECOVERY SYSTEMS AND IMPROVED SOLID
WASTE DISPOSAL FACILITIES

SEC. 8006. (a) AUTHORITY.—The Administrator is authorized to
make grants pursuant to this section to any State, municipal, or
interstate or intermunicipal agency for the demonstration of resource recovery systems or for the construction of new or improved
solid waste disposal facilities.
(b) CONDITIONS.—(1) Any grant under this section for the demonstration of a resource recovery system may be made only if it (A)
is consistent with any plans which meet the requirements of subtitle D of this Act; (B) is consistent with the guidelines recommended pursuant to section 1008 of this Act; (C) is designed to
provide areawide resource recovery systems consistent with the
purposes of this Act, as determined by the Administrator, pursuant
to regulations promulgated under subsection (d) of this section; and
(D) provides an equitable system for distributing the costs associated with construction, operation, and maintenance of any resource
recovery system among the users of such system.
(2) The Federal share for any project to which paragraph (1)
applies shall not be more than 75 percent.
(c) LIMITATIONS.—(1) A grant under this section for the construction of a new or improved solid waste disposal facility may be
made only if—
(A) a State or interstate plan for solid waste disposal has
been adopted which applies to the area involved, and the facility 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 for the purposes of this Act,
and (iii) is consistent with the guidelines recommended under
section 1008, and
(B) the project advances the state of the art by applying
new and improved techniques in reducing the environmental
impact of solid waste disposal, in achieving recovery of energy
or resources, or in recycling useful materials.
(2) The Federal share for any project to which paragraph (1)
applies shall be not more than 50 percent in the case of a project
serving an area which includes only one municipality, and not
more than 75 percent in any other case.
(d) REGULATIONS.—(1) The Administrator shall promulgate
regulations establishing a procedure for awarding grants under
this section which—
(A) provides that projects 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 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 (A) to the
public benefits to be derived by the construction and the propriety
of Federal aid in making such grant; (B) to the extent applicable,
to the economic and commercial viability of the project (including
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contractual arrangements with the private sector to market any resources recovered); (C) to the potential of such project for general
application to community solid waste disposal 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 costs, plus
(B) in the case of a grant to which subsection (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 for proper and efficient
operation and maintenance of the project (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 may require to properly carry out his functions
pursuant to this Act.
For purposes of paragraph (1), the non-Federal share may be in
any form, including, but not limited to, lands or interests therein
needed for the project or personal property or services, the value
of which shall be determined by the Administrator.
(f) SINGLE STATE.—(1) Not more than 15 percent of the total
of funds authorized to be appropriated for any fiscal year to carry
out this section shall be granted under this section for projects in
any one State.
(2) The Administrator shall prescribe by regulation the manner
in which this subsection shall apply to a grant under this section
for a project in an area which includes all or part of more than one
State.
[42 U.S.C. 6986]
AUTHORIZATION OF APPROPRIATIONS

SEC. 8007. There are authorized to be appropriated not to exceed $35,000,000 for the fiscal year 1978 to carry out the purposes
of this subtitle (except for section 8002).
[42 U.S.C. 6987]

Subtitle I—Regulation of Underground Storage Tanks
DEFINITIONS AND EXEMPTIONS

SEC. 9001. For the purposes of this subtitle—
(1) The term ‘‘underground storage tank’’ means any one
or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of
regulated substances, and the volume of which (including the
volume of the underground pipes connected thereto) is 10 per
centum or more beneath the surface of the ground. Such term
does not include any—
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(A) farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes,
(B) tank used for storing heating oil for consumptive
use on the premises where stored,
(C) septic tank,
(D) pipeline facility (including gathering lines)—
(i) which is regulated under chapter 601 of title
49, United States Code, or
(ii) which is an intrastate pipeline facility regulated under State laws as provided in chapter 601 of
title 49, United States Code,
and which is determined by the Secretary to be connected
to a pipeline or to be operated or intended to be capable
of operating at pipeline pressure or as an integral part of
a pipeline,
(E) surface impoundment, pit, pond, or lagoon,
(F) storm water or waste water collection system,
(G) flow-through process tank,
(H) liquid trap or associated gathering lines directly
related to oil or gas production and gathering operations,
or
(I) storage tank situated in an underground area (such
as a basement, cellar, mineworking, drift, shaft, or tunnel)
if the storage tank is situated upon or above the surface
of the floor.
The term ‘‘underground storage tank’’ shall not include any
pipes connected to any tank which is described in subparagraphs (A) through (I).
(2) The term ‘‘regulated substance’’ means—
(A) any substance defined in section 101(14) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (but not including any substance
regulated as a hazardous waste under subtitle C), and
(B) petroleum.
(3) The term ‘‘owner’’ means—
(A) in the case of an underground storage tank in use
on the date of enactment of the Hazardous and Solid
Waste Amendments of 1984, or brought into use after that
date, any person who owns an underground storage tank
used for the storage, use, or dispensing of regulated
sustances, 1 and
(B) in the case of any underground storage tank in use
before the date of enactment of the Hazardous and Solid
Waste Amendments of 1984, but no longer in use on the
date of enactment of such Amendments, any person who
owned such tank immediately before the discontinuation of
its use.
(4) The term ‘‘operator’’ means any person in control of, or
having responsibility for, the daily operation of the underground storage tank.
1 So

December 31, 2002

in law. Probably should be ‘‘substances’’.

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(5) The term ‘‘release’’ means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank into ground water, surface water or
subsurface soils.
(6) The term ‘‘person’’ has the same meaning as provided
in section 1004(15), except that such term includes a consortium, a joint venture, and a commercial entity, and the United
States Government.
(7) The term ‘‘nonoperational storage tank’’ means any underground storage tank in which regulated substances will not
be deposited or from which regulated substances will not be
dispensed after the date of the enactment of the Hazardous
and Solid Waste Amendments of 1984.
(8) The term ‘‘petroleum’’ means petroleum, including
crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit
and 14.7 pounds per square inch absolute).
[42 U.S.C. 6991]
NOTIFICATION

SEC. 9002. (a) UNDERGROUND STORAGE TANKS.—(1) Within 18
months after the date of enactment of the Hazardous and Solid
Waste Amendments of 1984, each owner of an underground storage
tank shall notify the State or local agency or department designated pursuant to subsection (b)(1) of the existence of such tank,
specifying the age, size, type, location, and uses of such tank.
(2)(A) For each underground storage tank taken out of operation after January 1, 1974, the owner of such tank shall, within
eighteen months after the date of enactment of the Hazardous and
Solid Waste Amendments of 1984, notify the State or local agency,
or department designated pursuant to subsection (b)(1) of the existence of such tanks (unless the owner knows the tank subsequently
was removed from the ground). The owner of a tank taken out of
operation on or before January 1, 1974, shall not be required to notify the State or local agency under this subsection.
(B) Notice under subparagraph (A) shall specify, to the extent
known to the owner—
(i) the date the tank was taken out of operation,
(ii) the age of the tank on the date taken out of operation,
(iii) the size, type and location of the tank, and
(iv) the type and quantity of substances left stored in such
tank on the date taken out of operation.
(3) Any owner which brings into use an underground storage
tank after the initial notification period specified under paragraph
(1), shall notify the designated State or local agency or department
within thirty days of the existence of such tank, specifying the age,
size, type, location and uses of such tank.
(4) Paragraphs (1) through (3) of this subsection shall not
apply to tanks for which notice was given pursuant to section
103(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
(5) Beginning thirty days after the Administrator prescribes
the form of notice pursuant to subsection (b)(2) and for eighteen
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months thereafter, any person who deposits regulated substances
in an underground storage tank shall reasonably notify the owner
or operator of such tank of the owner’s notification requirements
pursuant to this subsection.
(6) Beginning thirty days after the Administrator issues new
tank performance standards pursuant to section 9003(e) of this
subtitle, any person who sells a tank intended to be used as an underground storage tank shall notify the purchaser of such tank of
the owner’s notification requirements pursuant to this subsection.
(b) AGENCY DESIGNATION.—(1) Within one hundred and eighty
days after the enactment of the Hazardous and Solid Waste
Amendments of 1984, the Governors of each State shall designate
the appropriate State agency or department or local agencies or departments to receive the notifications under subsection (a)(1), (2),
or (3).
(2) Within twelve months after the date of enactment of the
Hazardous and Solid Waste Amendments of 1984, the Administrator, in consultation with State and local officials designated pursuant to subsection (b)(1), and after notice and opportunity for public comment, shall prescribe the form of the notice and the information to be included in the notifications under subsection (a)(1), (2),
or (3). In prescribing the form of such notice, the Administrator
shall take into account the effect on small businesses and other
owners and operators.
(c) STATE INVENTORIES.—Each State shall make 2 separate inventories of all underground storage tanks in such State containing
regulated substances. One inventory shall be made with respect to
petroleum and one with respect to other regulated substances. In
making such inventories, the State shall utilize and aggregate the
data in the notification forms submitted pursuant to subsections (a)
and (b) of this section. Each State shall submit such aggregated
data to the Administrator not later than 270 days after the enactment of the Superfund Amendments and Reauthorization Act of
1986.
[42 U.S.C. 6991a]
RELEASE DETECTION, PREVENTION, AND CORRECTION REGULATIONS

SEC. 9003. (a) REGULATIONS.—The Administrator, after notice
and opportunity for public comment, and at least three months before the effective dates specified in subsection (f), shall promulgate
release detection, prevention, and correction regulations applicable
to all owners and operators of underground storage tanks, as may
be necessary to protect human health and the environment.
(b) DISTINCTIONS IN REGULATIONS.—In promulgating regulations under this section, the Administrator may distinguish between types, classes, and ages of underground storage tanks. In
making such distinctions, the Administrator may take into consideration factors, including, but not limited to: location of the tanks,
soil and climate conditions, uses of the tanks, history of maintenance, age of the tanks, current industry recommended practices,
national consensus codes, hydrogeology, water table, size of the
tanks, quantity of regulated substances periodically deposited in or
dispensed from the tank, the technical capability of the owners and
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operators, and the compatibility of the regulated substance and the
materials of which the tank is fabricated.
(c) REQUIREMENTS.—The regulations promulgated pursuant to
this section shall include, but need not be limited to, the following
requirements respecting all underground storage tanks—
(1) requirements for maintaining a leak detection system,
an inventory control system together with tank testing, or a
comparable system or method designed to identify releases in
a manner consistent with the protection of human health and
the environment;
(2) requirements for maintaining records of any monitoring
or leak detection system or inventory control system or tank
testing or comparable system;
(3) requirements for reporting of releases and corrective
action taken in response to a release from an underground
storage tank;
(4) requirements for taking corrective action in response to
a release from an underground storage tank;
(5) requirements for the closure of tanks to prevent future
releases of regulated substances into the environment; and
(6) requirements for maintaining evidence for financial responsibility for taking corrective action and compensating third
parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating
an underground storage tank.
(d) FINANCIAL RESPONSIBILITY.—(1) Financial responsibility required by this subsection may be established in accordance with
regulations promulgated by the Administrator by any one, or any
combination, of the following: insurance, guarantee, surety bond,
letter of credit, qualification as a self-insurer. In promulgating requirements under this subsection, the Administrator is authorized
to specify policy or other contractual terms, conditions, or defenses
which are necessary or are unacceptable in establishing such evidence of financial responsibility in order to effectuate the purposes
of this subtitle or any other method satisfactory to the Administrator.
(2) In any case where the owner or operator is in bankruptcy,
reorganization, or arrangement pursuant to the Federal Bankruptcy Code or where with reasonable diligence jurisdiction in any
State court of the Federal Courts cannot be obtained over an owner
or operator likely to be solvent at the time of judgment, any claim
arising from conduct for which evidence of financial responsibility
must be provided under this subsection may be asserted directly
against the guarantor providing such evidence of financial responsibility. In the case of any action pursuant to this paragraph such
guarantor shall be entitled to invoke all rights and defenses which
would have been available to the owner or operator if any action
had been brought against the owner or operator by the claimant
and which would have been available to the guarantor if an action
had been brought against the guarantor by the owner or operator.
(3) The total liability of any guarantor shall be limited to the
aggregate amount which the guarantor has provided as evidence of
financial responsibility to the owner or operator under this section.
Nothing in this subsection shall be construed to limit any other
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State or Federal statutory, contractual or common law liability of
a guarantor to its owner or operator including, but not limited to,
the liability of such guarantor for bad faith either in negotiating or
in failing to negotiate the settlement of any claim. Nothing in this
subsection shall be construed to diminish the liability of any person
under section 107 or 111 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 or other applicable
law.
(4) For the purpose of this subsection, the term ‘‘guarantor’’
means any person, other than the owner or operator, who provides
evidence of financial responsibility for an owner or operator under
this subsection.
(5)(A) The Administrator, in promulgating financial responsibility regulations under this section, may establish an amount of
coverage for particular classes or categories of underground storage
tanks containing petroleum which shall satisfy such regulations
and which shall not be less than $1,000,000 for each occurrence
with an appropriate aggregate requirement.
(B) The Administrator may set amounts lower than the
amounts required by subparagraph (A) of this paragraph for underground storage tanks containing petroleum which are at facilities
not engaged in petroleum production, refining, or marketing and
which are not used to handle substantial quantities of petroleum.
(C) In establishing classes and categories for purposes of this
paragraph, the Administrator may consider the following factors:
(i) The size, type, location, storage, and handling capacity
of underground storage tanks in the class or category and the
volume of petroleum handled by such tanks.
(ii) The likelihood of release and the potential extent of
damage from any release from underground storage tanks in
the class or category.
(iii) The economic impact of the limits on the owners and
operators of each such class or category, particularly relating
to the small business segment of the petroleum marketing industry.
(iv) The availability of methods of financial responsibility
in amounts greater than the amount established by this paragraph.
(v) Such other factors as the Administrator deems pertinent.
(D) The Administrator may suspend enforcement of the financial responsibility requirements for a particular class or category of
underground storage tanks or in a particular State, if the Administrator makes a determination that methods of financial responsibility satisfying the requirements of this subsection are not generally available for underground storage tanks in that class or category; and—
(i) steps are being taken to form a risk retention group for
such class of tanks; or
(ii) such State is taking steps to establish a fund pursuant
to section 9004(c)(1) of this Act to be submitted as evidence of
financial responsibility.
A suspension by the Administrator pursuant to this paragraph
shall extend for a period not to exceed 180 days. A determination
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to suspend may be made with respect to the same class or category
or for the same State at the end of such period, but only if substantial progress has been made in establishing a risk retention group,
or the owners or operators in the class or category demonstrate,
and the Administrator finds, that the formation of such a group is
not possible and that the State is unable or unwilling to establish
such a fund pursuant to clause (ii).
(e) NEW TANK PERFORMANCE STANDARDS.—The Administrator
shall, not later than three months prior to the effective date specified in subsection (f), issue performance standards for underground
storage tanks brought into use on or after the effective date of such
standards. The performance standards for new underground storage tanks shall include, but need not be limited to, design, construction, installation, release detection, and compatibility standards.
(f) EFFECTIVE DATES.—(1) Regulations issued pursuant to subsection 1 (c) and (d) of this section, and standards issued pursuant
to subsection (e) of this section, for underground storage tanks containing regulated substances defined in section 9001(2)(B) (petroleum, including crude oil or any fraction thereof which is liquid at
standard conditions of temperature and pressure) shall be effective
not later than thirty months after the date of enactment of the
Hazardous and Solid Waste Amendments of 1984.
(2) Standards issued pursuant to subsection (e) of this section
(entitled ‘‘New Tank Performance Standards’’) for underground
storage tanks containing regulated substances defined in section
9001(2)(A) shall be effective not later than thirty-six months after
the date of enactment of the Hazardous and Solid Waste Amendments of 1984.
(3) Regulations issued pursuant to subsection (c) of this section
(entitled ‘‘Requirements’’) and standards issued pursuant to subsection (d) of this section (entitled ‘‘Financial Responsibility’’) for
underground storage tanks containing regulated substances defined
in section 9001(2)(A) shall be effective not later than forty-eight
months after the date of enactment of the Hazardous and Solid
Waste Amendments of 1984.
(g) INTERIM PROHIBITION.—(1) Until the effective date of the
standards promulgated by the Administrator under subsection (e)
and after one hundred and eighty days after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, no
person may install an underground storage tank for the purpose of
storing regulated substances unless such tank (whether of single or
double wall construction)—
(A) will prevent releases due to corrosion or structural failure for the operational life of the tank;
(B) is cathodically protected against corrosion, constructed
of noncorrosive material, steel clad with a noncorrosive material, or designed in a manner to prevent the release or threatened release of any stored substance; and
(C) the material used in the construction or lining of the
tank is compatible with the substance to be stored.
1 So

December 31, 2002

in law. Probably should be ‘‘subsections’’.

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(2) Notwithstanding paragraph (1), if soil tests conducted in accordance with ASTM Standard G57–78, or another standard approved by the Administrator, show that soil resistivity in an installation location is 12,000 ohm/cm or more (unless a more stringent
standard is prescribed by the Administrator by rule), a storage
tank without corrosion protection may be installed in that location
during the period referred to in paragraph (1).
(h) EPA RESPONSE PROGRAM FOR PETROLEUM.—
(1) BEFORE REGULATIONS.—Before the effective date of regulations under subsection (c), the Administrator (or a State
pursuant to paragraph (7)) is authorized to—
(A) require the owner or operator of an underground
storage tank to undertake corrective action with respect to
any release of petroleum when the Administrator (or the
State) determines that such corrective action will be done
properly and promptly by the owner or operator of the underground storage tank from which the release occurs; or
(B) undertake corrective action with respect to any release of petroleum into the environment from an underground storage tank if such action is necessary, in the
judgment of the Administrator (or the State), to protect
human health and the environment.
The corrective action undertaken or required by this paragraph
shall be such as may be necessary to protect human health and
the environment. The Administrator shall use funds in the
Leaking Underground Storage Tank Trust Fund for payment
of costs incurred for corrective action under subparagraph (B),
enforcement action under subparagraph (A), and cost recovery
under paragraph (6) of this subsection. Subject to the priority
requirements of paragraph (3), the Administrator (or the State)
shall give priority in undertaking such actions under subparagraph (B) to cases where the Administrator (or the State) cannot identify a solvent owner or operator of the tank who will
undertake action properly.
(2) AFTER REGULATIONS.—Following the effective date of
regulations under subsection (c), all actions or orders of the
Administrator (or a State pursuant to paragraph (7)) described
in paragraph (1) of this subsection shall be in conformity with
such regulations. Following such effective date, the Administrator (or the State) may undertake corrective action with respect to any release of petroleum into the environment from an
underground storage tank only if such action is necessary, in
the judgment of the Administrator (or the State), to protect
human health and the environment and one or more of the following situations exists:
(A) No person can be found, within 90 days or such
shorter period as may be necessary to protect human
health and the environment, who is—
(i) an owner or operator of the tank concerned,
(ii) subject to such corrective action regulations,
and
(iii) capable of carrying out such corrective action
properly.
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(B) A situation exists which requires prompt action by
the Administrator (or the State) under this paragraph to
protect human health and the environment.
(C) Corrective action costs at a facility exceed the
amount of coverage required by the Administrator pursuant to the provisions of subsections (c) and (d)(5) of this
section and, considering the class or category of underground storage tank from which the release occurred, expenditures from the Leaking Underground Storage Tank
Trust Fund are necessary to assure an effective corrective
action.
(D) The owner or operator of the tank has failed or refused to comply with an order of the Administrator under
this subsection or section 9006 or with the order of a State
under this subsection to comply with the corrective action
regulations.
(3) PRIORITY OF CORRECTIVE ACTIONS.—The Administrator
(or a State pursuant to paragraph (7)) shall give priority in undertaking corrective actions under this subsection, and in
issuing orders requiring owners or operators to undertake such
actions, to releases of petroleum from underground storage
tanks which pose the greatest threat to human health and the
environment.
(4) CORRECTIVE ACTION ORDERS.—The Administrator is authorized to issue orders to the owner or operator of an underground storage tank to carry out subparagraph (A) of paragraph (1) or to carry out regulations issued under subsection
(c)(4). A State acting pursuant to paragraph (7) of this subsection is authorized to carry out subparagraph (A) of paragraph (1) only until the State’s program is approved by the Administrator under section 9004 of this subtitle. Such orders
shall be issued and enforced in the same manner and subject
to the same requirements as orders under section 9006.
(5) ALLOWABLE CORRECTIVE ACTIONS.—The corrective actions undertaken by the Administrator (or a State pursuant to
paragraph (7)) under paragraph (1) or (2) may include temporary or permanent relocation of residents and alternative
household water supplies. In connection with the performance
of any corrective action under paragraph (1) or (2), the Administrator may undertake an exposure assessment as defined in
paragraph (10) of this subsection or provide for such an assessment in a cooperative agreement with a State pursuant to
paragraph (7) of this subsection. The costs of any such assessment may be treated as corrective action for purposes of paragraph (6), relating to cost recovery.
(6) RECOVERY OF COSTS.—
(A) IN GENERAL.—Whenever costs have been incurred
by the Administrator, or by a State pursuant to paragraph
(7), for undertaking corrective action or enforcement action
with respect to the release of petroleum from an underground storage tank, the owner or operator of such tank
shall be liable to the Administrator or the State for such
costs. The liability under this paragraph shall be construed
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Sec. 9003

to be the standard of liability which obtains under section
311 of the Federal Water Pollution Control Act.
(B) RECOVERY.—In determining the equities for seeking the recovery of costs under subparagraph (A), the Administrator (or a State pursuant to paragraph (7) of this
subsection) may consider the amount of financial responsibility required to be maintained under subsections (c) and
(d)(5) of this section and the factors considered in establishing such amount under subsection (d)(5).
(C) EFFECT ON LIABILITY.—
(i) NO TRANSFERS OF LIABILITY.—No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or
operator of any underground storage tank or from any
person who may be liable for a release or threat of release under this subsection, to any other person the liability imposed under this subsection. Nothing in this
subsection shall bar any agreement to insure, hold
harmless, or indemnify a party to such agreement for
any liability under this section.
(ii) NO BAR TO CAUSE OF ACTION.—Nothing in this
subsection, including the provisions of clause (i) of this
subparagraph, shall bar a cause of action that an
owner or operator or any other person subject to liability under this section, or a guarantor, has or would
have, by reason of subrogation or otherwise against
any person.
(D) FACILITY.—For purposes of this paragraph, the
term ‘‘facility’’ means, with respect to any owner or operator, all underground storage tanks used for the storage of
petroleum which are owned or operated by such owner or
operator and located on a single parcel of property (or on
any contiguous or adjacent property).
(7) STATE AUTHORITIES.—
(A) GENERAL.—A State may exercise the authorities in
paragraphs (1) and (2) of this subsection, subject to the
terms and conditions of paragraphs (3), (5), (9), (10), and
(11), and including the authorities of paragraphs (4), (6),
and (8) of this subsection if—
(i) the Administrator determines that the State
has the capabilities to carry out effective corrective actions and enforcement activities; and
(ii) the Administrator enters into a cooperative
agreement with the State setting out the actions to be
undertaken by the State.
The Administrator may provide funds from the Leaking
Underground Storage Tank Trust Fund for the reasonable
costs of the State’s actions under the cooperative agreement.
(B) COST SHARE.—Following the effective date of the
regulations under subsection (c) of this section, the State
shall pay 10 per centum of the cost of corrective actions
undertaken either by the Administrator or by the State
under a cooperative agreement, except that the AdminisDecember 31, 2002

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trator may take corrective action at a facility where immediate action is necessary to respond to an imminent and
substantial endangerment to human health or the environment if the State fails to pay the cost share.
(8) EMERGENCY PROCUREMENT POWERS.—Notwithstanding
any other provision of law, the Administrator may authorize
the use of such emergency procurement powers as he deems
necessary.
(9) DEFINITION OF OWNER OR OPERATOR.—
(A) IN GENERAL.—As used in this subtitle, the terms
‘‘owner’’ and ‘‘operator’’ do not include a person that, without participating in the management of an underground
storage tank and otherwise not engaged in petroleum production, refining, or marketing, holds indicia of ownership
primarily to protect the person’s security interest.
(B) SECURITY INTEREST HOLDERS.—The provisions regarding holders of security interests in subparagraphs (E)
through (G) of section 101(20) and the provisions regarding
fiduciaries at section 107(n) of the Comprehensive Environmental Response, Compensation, and Liability Act of
1980 shall apply in determining a person’s liability as an
owner or operator of an underground storage tank for the
purposes of this subtitle.
(C) EFFECT ON RULE.—Nothing in subparagraph (B)
shall be construed as modifying or affecting the final rule
issued by the Administrator on September 7, 1995 (60 Fed.
Reg. 46,692), or as limiting the authority of the Administrator to amend the final rule, in accordance with applicable law. The final rule in effect on the date of enactment
of this subparagraph shall prevail over any inconsistent
provision regarding holders of security interests in subparagraphs (E) through (G) of section 101(20) or any inconsistent provision regarding fiduciaries in section 107(n) of
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Any amendment to the
final rule shall be consistent with the provisions regarding
holders of security interests in subparagraphs (E) through
(G) of section 101(20) and the provisions regarding fiduciaries in section 107(n) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
This subparagraph does not preclude judicial review of any
amendment of the final rule made after the date of enactment of this subparagraph.
(10) DEFINITION OF EXPOSURE ASSESSMENT.—As used in
this subsection, the term ‘‘exposure assessment’’ means an assessment to determine the extent of exposure of, or potential
for exposure of, individuals to petroleum from a release from
an underground storage tank based on such factors as the nature and extent of contamination and the existence of or potential for pathways of human exposure (including ground or surface water contamination, air emissions, and food chain contamination), the size of the community within the likely pathways of exposure, and the comparison of expected human exposure levels to the short-term and long-term health effects assoDecember 31, 2002

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ciated with identified contaminants and any available recommended exposure or tolerance limits for such contaminants.
Such assessment shall not delay corrective action to abate immediate hazards or reduce exposure.
(11) FACILITIES WITHOUT FINANCIAL RESPONSIBILITY.—At
any facility where the owner or operator has failed to maintain
evidence of financial responsibility in amounts at least equal to
the amounts established by subsection (d)(5)(A) of this section
(or a lesser amount if such amount is applicable to such facility
as a result of subsection (d)(5)(B) of this section) for whatever
reason the Administrator shall expend no monies from the
Leaking Underground Storage Tank Trust Fund to clean up releases at such facility pursuant to the provisions of paragraph
(1) or (2) of this subsection. At such facilities the Administrator
shall use the authorities provided in subparagraph (A) of paragraph (1) and paragraph (4) of this subsection and section 9006
of this subtitle to order corrective action to clean up such releases. States acting pursuant to paragraph (7) of this subsection shall use the authorities provided in subparagraph (A)
of paragraph (1) and paragraph (4) of this subsection to order
corrective action to clean up such releases. Notwithstanding
the provisions of this paragraph, the Administrator may use
monies from the fund to take the corrective actions authorized
by paragraph (5) of this subsection to protect human health at
such facilities and shall seek full recovery of the costs of all
such actions pursuant to the provisions of paragraph (6)(A) of
this subsection and without consideration of the factors in
paragraph (6)(B) of this subsection. Nothing in this paragraph
shall prevent the Administrator (or a State pursuant to paragraph (7) of this subsection) from taking corrective action at a
facility where there is no solvent owner or operator or where
immediate action is necessary to respond to an imminent and
substantial endangerment of human health or the environment.
[42 U.S.C. 6991b]
APPROVAL OF STATE PROGRAMS

SEC. 9004. (a) ELEMENTS OF STATE PROGRAM.—Beginning 30
months after the date of enactment of the Hazardous and Solid
Waste Amendments of 1984, any State may, submit an underground storage tank release detection, prevention, and correction
program for review and approval by the Administrator. The program may cover tanks used to store regulated substances referred
to in 1 9001(2) (A) or (B) or both. A State program may be approved
by the Administrator under this section only if the State demonstrates that the State program includes the following requirements and standards and provides for adequate enforcement of
compliance with such requirements and standards—
(1) requirements for maintaining a leak detection system,
an inventory control system together with tank testing, or a
comparable system or method designed to identify releases in
1 So

December 31, 2002

in law. Probably should be followed by ‘‘section’’.

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a manner consistent with the protection of human health and
the environment;
(2) requirements for maintaining records of any monitoring
or leak detection system or inventory control system or tank
testing system;
(3) requirements for reporting of any releases and corrective action taken in response to a release from an underground
storage tank;
(4) requirements for taking corrective action in response to
a release from an underground storage tank;
(5) requirements for the closure of tanks to prevent future
releases of regulated substances into the environment;
(6) requirements for maintaining evidence of financial responsibility for taking corrective action and compensating third
parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating
an underground storage tank;
(7) standards of performance for new underground storage
tanks; and
(8) requirements—
(A) for notifying the appropriate State agency or department (or local agency or department) designated according to section 9002(b)(1) of the existence of any operational or non-operational underground storage tank; and
(B) for providing the information required on the form
issued pursuant to section 9002(b)(2).
(b) FEDERAL STANDARDS.—(1) A State program submitted
under this section may be approved only if the requirements under
paragraphs (1) through (7) of subsection (a) are no less stringent
than the corresponding requirements standards promulgated by
the Administrator pursuant to section 9003(a).
(2)(A) A State program may be approved without regard to
whether or not the requirements referred to in paragraphs (1), (2),
(3), and (5) of subsection (a) are less stringent than the corresponding standards under section 9003(a) during the one-year period commencing on the date of promulgation of regulations under
section 9003(a) if State regulatory action but no State legislative
action is required in order to adopt a State program.
(B) If such State legislative action is required, the State program may be approved without regard to whether or not the requirements referred to in paragraphs (1), (2), (3), and (5) of subsection (a) are less stringent than the corresponding standards
under section 9003(a) during the two-year period commencing on
the date of promulgation of regulations under section 9003(a) (and
during an additional one-year period after such legislative action if
regulations are required to be promulgated by the State pursuant
to such legislative action).
(c) FINANCIAL RESPONSIBILITY.—(1) Corrective action and compensation programs administered by State or local agencies or departments may be submitted for approval under subsection (a)(6)
as evidence of financial responsibility.
(2) Financial responsibility required by this subsection may be
established in accordance with regulations promulgated by the Administrator by any one, or any combination, of the following: insurDecember 31, 2002

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ance, guarantee, surety bond, letter of credit, qualification as a selfinsurer. In promulgating requirements under this subsection, the
Administrator is authorized to specify policy or other contractual
terms including the amount of coverage required for various classes
and categories of underground storage tanks pursuant to section
9003(d)(5), conditions, or defenses which are necessary or are unacceptable in establishing such evidence of financial responsibility in
order to effectuate the purposes of this subtitle.
(3) In any case where the owner or operator is in bankruptcy,
reorganization, or arrangement pursuant to the Federal Bankruptcy Code or where with reasonable diligence jurisdiction in any
State court of the Federal courts cannot be obtained over an owner
or operator likely to be solvent at the time of judgment, any claim
arising from conduct for which evidence of financial responsibility
must be provided under this subsection may be asserted directly
against the guarantor providing such evidence of financial responsibility. In the case of any action pursuant to this paragraph such
guarantor shall be entitled to invoke all rights and defenses which
would have been available to the owner or operator if any action
had been brought against the owner or operator by the claimant
and which would have been available to the guarantor if an action
had been brought against the guarantor by the owner or operator.
(4) The total liability of any guarantor shall be limited to the
aggregate amount which the guarantor has provided as evidence of
financial responsibility to the owner or operator under this section.
Nothing in this subsection shall be construed to limit any other
State or Federal statutory, contractual or common law liability of
a guarantor to its owner or operator including, but not limited to,
the liability of such guarantor for bad faith either in negotiating or
in failing to negotiate the settlement of any claim. Nothing in this
subsection shall be construed to diminish the liability of any person
under section 107 or 111 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 or other applicable
law.
(5) For the purpose of this subsection, the term ‘‘guarantor’’
means any person, other than the owner or operator, who provides
evidence of financial responsibility for an owner or operator under
this subsection.
(d) EPA DETERMINATION.—(1) Within one hundred and eighty
days of the date of receipt of a proposed State program, the Administrator shall, after notice and opportunity for public comment,
make a determination whether the State’s program complies with
the provisions of this section and provides for adequate enforcement of compliance with the requirements and standards adopted
pursuant to this section.
(2) If the Administrator determines that a State program complies with the provisions of this section and provides for adequate
enforcement of compliance with the requirements and standards
adopted pursuant to this section, he shall approve the State program in lieu of the Federal program and the State shall have primary enforcement responsibility with respect to requirements of its
program.
(e) WITHDRAWAL OF AUTHORIZATION.—Whenever the Administrator determines after public hearing that a State is not adminDecember 31, 2002

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istering and enforcing a program authorized under this subtitle in
accordance with the provisions of this section, he shall so notify the
State. If appropriate action is not taken within a reasonable time,
not to exceed one hundred and twenty days after such notification,
the Administrator shall withdraw approval of such program and reestablish the Federal program pursuant to this subtitle.
[42 U.S.C. 6991c]
INSPECTIONS, MONITORING, TESTING, AND CORRECTIVE ACTION

SEC. 9005. (a) FURNISHING INFORMATION.—For the purposes of
developing or assisting in the development of any regulation, conducting any study 1 taking any corrective action, or enforcing the
provisions of this subtitle, any owner or operator of an underground storage tank (or any tank subject to study under section
9009 that is used for storing regulated substances) shall, upon request of any officer, employee or representative of the Environmental Protection Agency, duly designated by the Administrator, or
upon request of any duly designated officer, employee, or representative of a State acting parsuant to subsection (h)(7) of section 9003
or with an approved program, furnish information relating to such
tanks, their associated equipment, their contents, conduct monitoring or testing, permit such officer at all reasonable times to have
access to, and to copy all records relating to such tanks and permit
such officer to have access for corrective action. For the purposes
of developing or assisting in the development of any regulation,
conducting any study, taking corrective action, or enforcing the provisions of this subtitle, such officers, employees, or representatives
are authorized—
(1) to enter at reasonable times any establishment or other
place where an underground storage tank is located;
(2) to inspect and obtain samples from any person of any
regulated substances contained in such tank;
(3) to conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface
water or ground water, and
(4) to take corrective action.
Each such inspection shall be commenced and completed with reasonable promptness.
(b) CONFIDENTIALITY.—(1) Any records, reports, or information
obtained from any persons under this section shall be available to
the public, except that upon a showing satisfactory to the Administrator (or the State, as the case may be) by any person that
records, reports, or information, or a particular part thereof, to
which the Administrator (or the State, as the case may be) or any
officer, employee, or representative thereof has access under this
section if made public, would divulge information entitled to protection under section 1905 of title 18 of the United States Code, such
information or particular portion thereof shall be considered confidential in accordance with the purposes of that section, except
that such record, report, document, or information may be disclosed
to other officers, employees, or authorized representatives of the
1 So

December 31, 2002

in law. Probably should be followed by a comma.

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United States concerned with carrying out this Act, or when
relevent 2 in any proceeding under this Act.
(2) Any person not subject to the provisions of section 1905 of
title 18 of the United States Code who knowingly and willfully divulges or discloses any information entitled to protection under this
subsection shall, upon conviction, be subject to a fine of not more
than $5,000 or to imprisonment not to exceed one year, or both.
(3) In submitting data under this subtitle, a person required to
provide such data may—
(A) designate the data which such person believes is entitled to protection under this subsection, and
(B) submit such designated data separately from other
data submitted under this subtitle.
A designation under this paragraph shall be made in writing and
in such manner as the Administrator may prescribe.
(4) Notwithstanding any limitation contained in this section or
any other provision of law, all information reported to, or otherwise
obtained, by the Administrator (or any representative of the Administrator) under this Act shall be made available, upon written
request of any duly authorized committee of the Congress, to such
committee (including records, reports, or information obtained by
representatives of the Evironmental 1 Protection Agency).
[42 U.S.C. 6991d]
FEDERAL ENFORCEMENT

SEC. 9006. (a) COMPLIANCE ORDERS.—(1) Except as provided in
paragraph (2), whenever on the basis of any information, the Administrator determines that any person is in violation of any requirement of this subtitle, the Administrator may issue an order
requiring compliance within a reasonable specified time period or
the Administrator may commence a civil action in the United
States district court in which the violation occurred for appropriate
relief, including a temporary or permanent injunction.
(2) In the case of a violation of any requirement of this subtitle
where such violation occurs in a State with a program approved
under section 9004, the Administrator shall give notice to the State
in which such violation has occurred prior to issuing an order or
commencing a civil action under this section.
(3) If a violator fails to comply with an order under this subsection within the time specified in the order, he shall be liable for
a civil penalty of not more than $25,000 for each day of continued
noncompliance.
(b) PROCEDURE.—Any order issued under this section shall become final unless, no later than thirty days after the order is
served, the person or persons named therein request a public hearing. Upon such request the Administrator shall promptly conduct
a public hearing. In connection with any proceeding under this section the Administrator may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers,
books, and documents, and may promulgate rules for discovery procedures.
2 So
1 So

December 31, 2002

in law. Probably should be ‘‘relevant’’.
in law. Probably should be ‘‘Environmental’’.

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(c) CONTENTS OF ORDER.—Any order issued under this section
shall state with reasonable specificity the nature of the violation,
specify a reasonable time for compliance, and assess a penalty, if
any, which the Administrator determines is reasonable taking into
account the seriousness of the violation and any good faith efforts
to comply with the applicable requirements.
(d) CIVIL PENALTIES.—(1) Any owner who knowingly fails to
notify or submits false information pursuant to section 9002(a)
shall be subject to a civil penalty not to exceed $10,000 for each
tank for which notification is not given or false information is submitted.
(2) Any owner or operator of an underground storage tank who
fails to comply with—
(A) any requirement or standard promulgated by the Administrator under section 9003;
(B) any requirement or standard of a State program approved pursuant to section 9004; or
(C) the provisions of section 9003(g) (entitled ‘‘Interim Prohibition’’)
shall be subject to a civil penalty not to exceed $10,000 for each
tank for each day of violation.
[42 U.S.C. 6991e]
FEDERAL FACILITIES

SEC. 9007. (a) APPLICATION OF SUBTITLE.—Each department,
agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government having jurisdiction over
any underground storage tank shall be subject to and comply with
all Federal, State, interstate, and local requirements, applicable to
such tank, both substantive and procedural, in the same manner,
and to the same extent, as any other person is subject to such requirements, including payment of reasonable service charges. Neither the United States, nor any agent, employee, or officer thereof,
shall be immune or exempt from any process or sanction of any
State or Federal court with respect to the enforcement of any such
injunctive relief.
(b) PRESIDENTIAL EXEMPTION.—The President may exempt any
underground storage tanks 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 to do so. No such exemption shall be granted due
to lack of appropriation unless the President shall have specifically
requested such appropriation as a part of the budgetary process
and the Congress shall have failed to make available such requested appropriations. Any exemption shall be for a period not in
excess of one year, but additional exemptions may be granted for
periods not to exceed one year upon the President’s making a new
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.
[42 U.S.C. 6991f]
December 31, 2002

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Sec. 9009

STATE AUTHORITY

SEC. 9008. Nothing in this subtitle shall preclude or deny any
right of any State or political subdivision thereof to adopt or enforce any regulation, requirement, or standard of performance respecting underground storage tanks that is more stringent than a
regulation, requirement, or standard of performance in effect under
this subtitle or to impose any additional liability with respect to
the release of regulated substances within such State or political
subdivision.
[42 U.S.C. 6991g]
STUDY OF UNDERGROUND STORAGE TANKS

SEC. 9009. (a) PETROLEUM TANKS.—Not later than twelve
months after the date of enactment of the Hazardous and Solid
Waste Amendments of 1984, the Administrator shall complete a
study of underground storage tanks used for the storage of regulated substances defined in section 9001(2)(B).
(b) OTHER TANKS.—Not later than thirty-six months after the
date of enactment of the Hazardous and Solid Waste Amendments
of 1984, the Administrator shall complete a study of all other underground storage tanks.
(c) ELEMENTS OF STUDIES.—The studies under subsections (a)
and (b) shall include an assessment of the ages, types (including
methods of manufacture, coatings, protection systems, the compatibility of the construction materials and the installation methods)
and locations (including the climate of the locations) of such tanks;
soil conditions, water tables, and the hydrogeology of tank locations; the relationship between the foregoing factors and the likelihood of releases from underground storage tanks; the effectiveness
and costs of inventory systems, tank testing, and leak detection
systems; and such other factors as the Administrator deems appropriate.
(d) FARM AND HEATING OIL TANKS.—Not later than thirty-six
months after the date of enactment of the Hazardous and Solid
Waste Amendments of 1984, the Administrator shall conduct a
study regarding the tanks referred to in section 9001(1) (A) and
(B). Such study shall include estimates of the number and location
of such tanks and an analysis of the extent to which there may be
releases or threatened releases from such tanks into the environment.
(e) REPORTS.—Upon completion of the studies authorized by
this section, the Administrator shall submit reports to the President and to the Congress containing the results of the studies and
recommendations respecting whether or not such tanks should be
subject to the preceding provisions of this subtitle.
(f) REIMBURSEMENT.—(1) If any owner or operator (excepting
an agency, department, or instrumentality of the United States
Government, a State or a political subdivision thereof) shall incur
costs, including the loss of business opportunity, due to the closure
or interruption of operation of an underground storage tank solely
for the purpose of conducting studies authorized by this section, the
Administrator shall provide such person fair and equitable reimbursement for such costs.
December 31, 2002

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(2) All claims for reimbursement shall be filed with the Administrator not later than ninety days after the closure or interruption
which gives rise to the claim.
(3) Reimbursements made under this section shall be from
funds appropriated by the Congress pursuant to the authorization
contained in section 2007(g). 1
(4) For purposes of judicial review, a determination by the Administrator under this subsection shall be considered final agency
action.
[42 U.S.C. 6991h]
AUTHORIZATION OF APPROPRIATIONS

SEC. 9010. For authorization of appropriations to carry out this
subtitle, see section 2007(g). 1
[42 U.S.C. 6991i]

Subtitle J—Demonstration Medical Waste Tracking Program
SEC. 11001. SCOPE OF DEMONSTRATION PROGRAM FOR MEDICAL
WASTE.
(a) COVERED STATES.—The States within the demonstration

program established under this subtitle for tracking medical wastes
shall be New York, New Jersey, Connecticut, the States contiguous
to the Great Lakes and any State included in the program through
the petition procedure described in subsection (c), except for any of
such States in which the Governor notifies the Administrator under
subsection (b) that such State shall not be covered by the program.
(b) OPT OUT.—(1) If the Governor of any State covered under
subsection (a) which is not contiguous to the Atlantic Ocean notifies the Administrator that such State elects not to participate in
the demonstration program, the Administrator shall remove such
State from the program.
(2) If the Governor of any other State covered under subsection
(a) notifies the Administrator that such State has implemented a
medical waste tracking program that is no less stringent than the
demonstration program under this subtitle and that such State
elects not to participate in the demonstration program, the Administrator shall, if the Administrator determines that such State program is no less stringent than the demonstration program under
this subtitle, remove such State from the demonstration program.
(3) Notifications under paragraphs (1) or (2) shall be submitted
to the Administrator no later than 30 days after the promulgation
of regulations implementing the demonstration program under this
subtitle.
(c) PETITION IN.—The Governor of any State may petition the
Administrator to be included in the demonstration program and
the Administrator may, in his discretion, include any such State.
Such petition may not be made later than 30 days after promulgation of regulations establishing the demonstration program under
this subtitle, and the Administrator shall determine whether to include the State within 30 days after receipt of the State’s petition.
1 So

December 31, 2002

in law. Probably should be ‘‘2007(f)’’. There is no section 2007(g).

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Sec. 11002

(d) EXPIRATION OF DEMONSTRATION PROGRAM.—The demonstration program shall expire on the date 24 months after the effective date of the regulations under this subtitle.
[42 U.S.C. 6992]
SEC. 11002. LISTING OF MEDICAL WASTES.
(a) LIST.—Not later than 6 months after

the enactment of this
subtitle, the Administrator shall promulgate regulations listing the
types of medical waste to be tracked under the demonstration program. Except as provided in subsection (b), such list shall include,
but need not be limited to, each of the following types of solid
waste:
(1) Cultures and stocks of infectious agents and associated
biologicals, including cultures from medical and pathological
laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production
of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix
cultures.
(2) Pathological wastes, including tissues, organs, and body
parts that are removed during surgery or autopsy.
(3) Waste human blood and products of blood, including
serum, plasma, and other blood components.
(4) Sharps that have been used in patient care or in medical, research, or industrial laboratories, including hypodermic
needles, syringes, pasteur pipettes, broken glass, and scalpel
blades.
(5) Contaminated animal carcasses, body parts, and bedding of animals that were exposed to infectious agents during
research, production of biologicals, or testing of pharmaceuticals.
(6) Wastes from surgery or autopsy that were in contact
with infectious agents, including soiled dressings, sponges,
drapes, lavage tubes, drainage sets, underpads, and surgical
gloves.
(7) Laboratory wastes from medical, pathological, pharmaceutical, or other research, commercial, or industrial laboratories that were in contact with infectious agents, including
slides and cover slips, disposable gloves, laboratory coats, and
aprons.
(8) Dialysis wastes that were in contact with the blood of
patients undergoing hemodialysis, including contaminated disposable equipment and supplies such as tubing, filters, disposable sheets, towels, gloves, aprons, and laboratory coats.
(9) Discarded medical equipment and parts that were in
contact with infectious agents.
(10) Biological waste and discarded materials contaminated with blood, excretion, excudates 1 or secretion from
human beings or animals who are isolated to protect others
from communicable diseases.
(11) Such other waste material that results from the administration of medical care to a patient by a health care pro1 So

December 31, 2002

in law. Probably should be ‘‘exudates’’.

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vider and is found by the Administrator to pose a threat to
human health or the environment.
(b) EXCLUSIONS FROM LIST.—The Administrator may exclude
from the list under this section any categories or items described
in paragraphs (6) through (10) of subsection (a) which he determines do not pose a substantial present or potential hazard to
human health or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
[42 U.S.C. 6992a]
SEC. 11003. TRACKING OF MEDICAL WASTE.
(a) DEMONSTRATION PROGRAM.—Not later

than 6 months after
the enactment of this subtitle, the Administrator shall promulgate
regulations establishing a program for the tracking of the medical
waste listed in section 11002 which is generated in a State subject
to the demonstration program. The program shall (1) provide for
tracking of the transportation of the waste from the generator to
the disposal facility, except that waste that is incinerated need not
be tracked after incineration, (2) include a system for providing the
generator of the waste with assurance that the waste is received
by the disposal facility, (3) use a uniform form for tracking in each
of the demonstration States, and (4) include the following requirements:
(A) A requirement for segregation of the waste at the point
of generation where practicable.
(B) A requirement for placement of the waste in containers
that will protect waste handlers and the public from exposure.
(C) A requirement for appropriate labeling of containers of
the waste.
(b) SMALL QUANTITIES.—In the program under subsection (a),
the Administrator may establish an exemption for generators of
small quantities of medical waste listed under section 11002, except that the Administrator may not exempt from the program any
person who, or facility that, generates 50 pounds or more of such
waste in any calendar month.
(c) ON-SITE INCINERATORS.—Concurrently with the promulgation of regulations under subsection (a), the Administrator shall
promulgate a recordkeeping and reporting requirement for any
generator in a demonstration State of medical waste listed in section 11002 that (1) incinerates medical waste listed in section
11002 on site and (2) does not track such waste under the regulations promulgated under subsection (a). Such requirement shall require the generator to report to the Administrator on the volume
and types of medical waste listed in section 11002 that the generator incinerated on site during the 6 months following the effective
date of the requirements of this subsection.
(d) TYPE OF MEDICAL WASTE AND TYPES OF GENERATORS.—For
each of the requirements of this section, the regulations may vary
for different types of medical waste and for different types of medical waste generators.
[42 U.S.C. 6992b]
SEC. 11004. INSPECTIONS.
(a) REQUIREMENTS FOR

ACCESS.—For purposes of developing or
assisting in the development of any regulation or report under this
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Sec. 11005

subtitle or enforcing any provision of this subtitle, any person who
generates, stores, treats, transports, disposes of, or otherwise handles or has handled medical waste shall, upon request of any officer, employee, or representative of the Environmental Protection
Agency duly designated by the Administrator, furnish information
relating to such waste, including any tracking forms required to be
maintained under section 11003, conduct monitoring or testing,
and permit such person at all reasonable times to have access to,
and to copy, all records relating to such waste. For such purposes,
such officers, employees, or representatives are authorized to—
(1) enter at reasonable times any establishment or other
place where medical wastes are or have been generated, stored,
treated, disposed of, or transported from;
(2) conduct monitoring or testing; and
(3) inspect and obtain samples from any person of any
such wastes and samples of any containers or labeling for such
wastes.
(b) PROCEDURES.—Each inspection under this section shall be
commenced and completed with reasonable promptness. If the officer, employee, or representative obtains any samples, prior to leaving the premises he shall give to the owner, operator, or agent in
charge a receipt describing the sample obtained and, if requested,
a portion of each such sample equal in volume or weight to the portion retained if giving such an equal portion is feasible. If any analysis is made of such samples, a copy of the results of such analysis
shall be furnished promptly to the owner, operator, or agent in
charge of the premises concerned.
(c) AVAILABILITY TO PUBLIC.—The provisions of section 3007(b)
of this Act shall apply to records, reports, and information obtained
under this section in the same manner and to the same extent as
such provisions apply to records, reports, and information obtained
under section 3007.
[42 U.S.C. 6992c]
SEC. 11005. ENFORCEMENT.
(a) COMPLIANCE ORDERS.—
(1) VIOLATIONS.—Whenever

on the basis of any information the Administrator determines that any person has violated, or is in violation of, any requirement or prohibition in
effect under this subtitle (including any requirement or prohibition in effect under regulations under this subtitle) (A) the
Administrator may issue an order (i) assessing a civil penalty
for any past or current violation, (ii) requiring compliance immediately or within a specified time period, or (iii) both, or (B)
the Administrator may commence a civil action in the United
States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. Any order issued pursuant to this subsection
shall state with reasonable specificity the nature of the violation.
(2) ORDERS ASSESSING PENALTIES.—Any penalty assessed
in an order under this subsection shall not exceed $25,000 per
day of noncompliance for each violation of a requirement or
prohibition in effect under this subtitle. In assessing such a

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penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with
applicable requirements.
(3) PUBLIC HEARING.—Any order issued under this subsection shall become final unless, not later than 30 days after
issuance of the order, the persons named therein request a
public hearing. Upon such request, the Administrator shall
promptly conduct a public hearing. In connection with any proceeding under this section, the Administrator may issue subpoenas for the production of relevant papers, books, and documents, and may promulgate rules for discovery procedures.
(4) VIOLATION OF COMPLIANCE ORDERS.—In the case of an
order under this subsection requiring compliance with any requirement of or regulation under this subtitle, if a violator fails
to take corrective action within the time specified in an order,
the Administrator may assess a civil penalty of not more than
$25,000 for each day of continued noncompliance with the
order.
(b) CRIMINAL PENALTIES 1.—Any person who—
(1) knowingly violates the requirements of or regulations
under this subtitle;
(2) knowingly omits material information or makes any
false material statement or representation in any label, record,
report, or other document filed, maintained, or used for purposes of compliance with this subtitle or regulations thereunder; or
(3) knowingly generates, stores, treats, transports, disposes
of, or otherwise handles any medical waste (whether such activity took place before or takes place after the date of the enactment of this paragraph) and who knowingly destroys, alters,
conceals, or fails to file any record, report, or other document
required to be maintained or filed for purposes of compliance
with this subtitle or regulations thereunder
shall, upon conviction, be subject to a fine of not more than $50,000
for each day of violation, or imprisonment not to exceed 2 years (5
years in the case of a violation of paragraph (1)). If the conviction
is for a violation committed after a first conviction of such person
under this paragraph, the maximum punishment under the respective paragraph shall be doubled with respect to both fine and imprisonment.
1 The Medical Waste Tracking Act of 1988 (P.L. 100–582), which added subtitle J to the Solid
Waste Disposal Act, also amended title 18, United States Code, by adding the following new
section at the end of chapter 203:

§ 3063. Powers of Environmental Protection Agency
(a) Upon designation by the Administrator of the Environmental Protection Agency, any law
enforcement officer of the Environmental Protection Agency with responsibility for the investigation of criminal violations of a law administered by the Environmental Protection Agency, may—
(1) carry firearms;
(2) execute and serve any warrant or other processes issued under the authority of the
United States; and
(3) make arrests without warrant for—
(A) any offense against the United States committed in such officer’s presence; or
(B) any felony offense against the United States if such officer has probable cause
to believe that the person to be arrested has committed or is committing that felony
offense.
(b) The powers granted under subsection (a) of this section shall be exercised in accordance
with guidelines approved by the Attorney General.

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Sec. 11006

(c) KNOWING ENDANGERMENT.—Any person who knowingly violates any provision of subsection (b) who knows at that time that
he thereby places another person in imminent danger of death or
serious bodily injury, shall upon conviction be subject to a fine of
not more than $250,000 or imprisonment for not more than 15
years, or both. A defendant that is an organization shall, upon conviction under this subsection, be subject to a fine of not more than
$1,000,000. The terms of this paragraph shall be interpreted in accordance with the rules provided under section 3008(f) of this Act.
(d) CIVIL PENALTIES.—Any person who violates any requirement of or regulation under this subtitle shall be liable to the
United States for a civil penalty in an amount not to exceed
$25,000 for each such violation. Each day of such violation shall,
for purposes of this section, constitute a separate violation.
(e) CIVIL PENALTY POLICY.—Civil penalties assessed by the
United States or by the States under this subtitle shall be assessed
in accordance with the Administrator’s ‘‘RCRA Civil Penalty Policy’’, as such policy may be amended from time to time.
[42 U.S.C. 6992d]
SEC. 11006. FEDERAL FACILITIES.
(a) IN GENERAL.—Each department,

agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government in a demonstration State (1) having jurisdiction
over any solid waste management facility or disposal site at which
medical waste is disposed of or otherwise handled, or (2) engaged
in any activity resulting, or which may result, in the disposal, management, or handling of medical waste shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both
substantive and procedural (including any requirement for permits
or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), respecting control and abatement of medical waste disposal and management in the same manner, and to the same extent, as any person
is subject to such requirements, including the payment of reasonable service charges. The Federal, State, interstate, and local substantive and procedural requirements referred to in this subsection
include, but are not limited to, all administrative orders, civil,
criminal, and administrative penalties, and other sanctions, including injunctive relief, fines, and imprisonment. Neither the United
States, nor any agent, employee, or officer thereof, shall be immune
or exempt from any process or sanction of any State or Federal
court with respect to the enforcement of any such order, penalty,
or other sanction. For purposes of enforcing any such substantive
or procedural requirement (including, but not limited to, any injunctive relief, administrative order, or civil, criminal, administrative penalty, or other sanction), against any such department,
agency, or instrumentality, the United States hereby expressly
waives any immunity otherwise applicable to the United States.
The President may exempt any department, agency, or instrumentality in the executive branch from compliance with such a requirement if he determines it to be in the paramount interest of the
United States to do so. No such exemption shall be granted due to
lack of appropriation unless the President shall have specifically
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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) DEFINITION OF PERSON.—For purposes of this Act, the term
‘‘person’’ shall be treated as including each department, agency,
and instrumentality of the United States.
[42 U.S.C. 6992e]
SEC. 11007. RELATIONSHIP TO STATE LAW.
(a) STATE INSPECTIONS AND ENFORCEMENT.—A

State may conduct inspections under 1 11004 and take enforcement actions under
section 11005 against any person, including any person who has
imported medical waste into a State in violation of the requirements of, or regulations under, this subtitle, to the same extent as
the Administrator. At the time a State initiates an enforcement action under section 11005 against any person, the State shall notify
the Administrator in writing.
(b) RETENTION OF STATE AUTHORITY.—Nothing in this subtitle
shall—
(1) preempt any State or local law; or
(2) except as provided in subsection (c), otherwise affect
any State or local law or the authority of any State or local
government to adopt or enforce any State or local law.
(c) STATE FORMS.—Any State or local law which requires submission of a tracking form from any person subject to this subtitle
shall require that the form be identical in content and format to
the form required under section 11003, except that a State may require the submission of other tracking information which is supplemental to the information required on the form required under section 11003 through additional sheets or such other means as the
State deems appropriate.
[42 U.S.C. 6992f]
SEC. 11008. HEALTH IMPACTS REPORT.

Within 24 months after the enactment of this section, the Administrator of the Agency for Toxic Substances and Disease Registry shall prepare for Congress a report on the health effects of
medical waste, including each of the following—
(1) A description of the potential for infection or injury
from the segregation, handling, storage, treatment, or disposal
of medical wastes.
(2) An estimate of the number of people injured or infected
annually by sharps, and the nature and seriousness of those
injuries or infections.
(3) An estimate of the number of people infected annually
by other means related to waste segregation, handling, storage,
1 So

December 31, 2002

in law. Probably should be followed by ‘‘section’’.

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NOTE

treatment, or disposal, and the nature and seriousness of those
infections.
(4) For diseases possibly spread by medical waste, including Acquired Immune Deficiency Syndrome and hepatitis B, an
estimate of what percentage of the total number of cases nationally may be traceable to medical wastes.
[42 U.S.C. 6992h]
SEC. 11009. GENERAL PROVISIONS.
(a) CONSULTATION.—(1) In promulgating

regulations under this
subtitle, the Administrator shall consult with the affected States
and may consult with other interested parties.
(2) The Administrator shall also consult with the International
Joint Commission to determine how to monitor the disposal of medical waste emanating from Canada.
(b) PUBLIC COMMENT.—In the case of the regulations required
by this subtitle to be promulgated within 9 months after the enactment of this subtitle, the Administrator may promulgate such regulations in interim final form without prior opportunity for public
comment, but the Administrator shall provide an opportunity for
public comment on the interim final rule. The promulgation of such
regulations shall not be subject to the Paperwork Reduction Act of
1980.
(c) RELATIONSHIP TO SUBTITLE C.—Nothing in this subtitle
shall affect the authority of the Administrator to regulate medical
waste, including medical waste listed under section 11002, under
subtitle C of this Act.
[42 U.S.C. 6992i]
SEC. 11010. EFFECTIVE DATE.

The regulations promulgated under this subtitle shall take effect within 90 days after promulgation, except that, at the time of
promulgation, the Administrator may provide for a shorter period
prior to the effective date if he finds the regulated community does
not need 90 days to come into compliance.
[42 U.S.C. 6992j]
SEC. 11011. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Administrator
such sums as may be necessary for each of the fiscal years 1989
through 1991 for purposes of carrying out activities under this subtitle.
[42 U.S.C. 6992k]
NOTE
The Solid Waste Disposal Act Amendments of 1980 (Public Law 96–482) contained the following provisions which did not amend the Solid Waste Disposal Act:
ENERGY AND MATERIALS CONSERVATION AND RECOVERY

SEC. 32. [42 U.S.C. 6941a] (a) 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;
) solid waste contains valuable energy and material resources which can be
recovered and used thereby conserving increasingly scarce and expensive fossil
fuels and virgin materials;
(3) the recovery of energy and materials from municipal waste, and the conservation of energy and materials contributing to such waste streams, can have
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the effect of reducing the volume of the municipal waste stream and the burden
of disposing of increasing volumes of solid waste;
(4) the technology to conserve resources exists and is commercially feasible
to apply;
(5) the technology to recover energy and materials from solid waste 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 and materials from waste, and Federal assistance in planning
and implementing such energy and materials conservation and recovery programs should be available to all such communities on an equitable basis in relation to their needs and potential.
*

*

*

*

*

*

*

NATIONAL ADVISORY COMMISSION ON RESOURCE CONSERVATION AND RECOVERY

SEC. 33. [42 U.S.C. 6981 note] (a)(1) There is hereby established in the executive branch of the United States the National Advisory Commission on Resource
Conservation and Recovery, hereinafter in this section referred to as the ‘‘Commission’’.
(2) The Commission shall be composed of nine members to be appointed by the
President. Such members shall be qualified by reason of their education, training,
or experience to represent the view of consumer groups, industry associations, and
environmental and other groups concerned with resource conservation and recovery
and at least two shall be elected or appointed State or local officials. Members shall
be appointed for the life of the Commission.
(3) A vacancy in the Commission shall be filled in the manner in which the
original appointment was made.
(4) Five members of the Commission shall constitute a quorum for transacting
business of the Commission except that a lesser number may hold hearings and conduct information-gathering meetings.
(5) The Chairperson of the Commission shall be designated by the President
from among the members.
(6) Upon the expiration of the two-year period beginning on (A) the date when
all initial members of the Commission have been appointed or when (B) the date
when initial funds become available to carry out this section, whichever is later, the
Commission shall transmit to the President, and to each House of the Congress, a
final report containing a detailed statement of the findings and conclusions of the
Commission, together with such recommendations as it deems advisable.
(7) The Commission shall submit an interim report on February 15, 1982, and
the Commission may also submit, for legislative and administrative actions relating
to the Solid Waste Disposal Act, other interim reports prior to the submission of its
final report.
(8) The Commission shall cease to exist 30 days after submission of its final report.
(b) The Commission shall—
(1) after consultation with the appropriate Federal agencies, review budgetary priorities relating to resource conservation and recovery, determine to
what extent program goals relating to resource conservation and recovery are
being realized, and make recommendations concerning the appropriate program
balance and priorities;
(2) review any existing or proposed resource conservation and recovery
guidelines or regulations;
(3) determine the economic development or savings potential of resource
conservation and recovery, including the availability of markets for recovered
energy and materials, for economic materials savings through conservation, and
make recommendations concerning the utilization of such potential;
(4) identify, and make recommendations addressing, institutional obstacles
impeding the development of resource conservation and resource recovery; and
(5) evaluate the status of resource conservation and recovery technology
and systems including both materials and energy recovery technologies, recycling methods, and other innovative methods for both conserving energy and
materials extractable from solid waste.
The review referred to in paragraph (1) should include but not be limited to an assessment of the effectiveness of the technical assistance panels, the public participation program and other program activities under the Solid Waste Disposal Act.
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(c)(1) Members of the Commission while serving on business of the Commission,
shall be compensated at a rate not to exceed the rate specified at the time of such
service for grade GS–16 of the General Schedule for each day they are engaged in
the actual performance of Commission duties, including travel time; and while so
serving away from their homes or regular places of business, all members of the
Commission may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in
Government service employed intermittently.
(2) Subject to such rules as may be adopted by the Commission, the Chairperson, without regard to the provisions of title 5, United States Code, governing
appointments in the competitive service and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, shall have the power to—
(A) appoint a Director, who shall be paid at a rate not to exceed the rate
of basic pay for level I, GS–16 of the General Schedule; and
(B) appoint and fix the compensation of not more than 5 additional staff
personnel.
(3) This Commission is authorized to procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section
3109 of title 5, United States Code, but at rates not to exceed the rate specified at
the time of such service for grade GS–16 in section 5332 of such title. Experts and
consultants may be employed without compensation if they agree to do so in advance.
(4) Upon request of the Commission, the head of any Federal agency is authorized to detail on a reimbursable or nonreimbursable basis any of the personnel of
such agency to the Commission to assist the Commission in carrying out its duties
under this section.
(5) The Commission is exempt from the requirements of sections 4301 through
4308 of title 5, United States Code.
(6) The Commission is authorized to enter into contracts with Federal and State
agencies, private firms, institutions, and individuals for the conduct of research or
surveys, the preparation of reports, and other activities necessary to the discharge
of its duties and responsibilities.
(7) In order to expedite matters pertaining to the planning for, and work of, the
Commission, the Commission is authorized to make purchases and contracts without regard to section 252 of title 41 of the United States Code, pertaining to advertising and competitive bidding, and may arrange for the printing of any material
pertaining to the work of the Commission without regard to the Government Printing and Binding Regulations and any related laws or regulations.
(8) The Commission may use the United States mail in the same manner and
under the same conditions as other departments and agencies of the United States.
(9) The Commission may secure directly from any department or agency of the
United States information necessary to enable it to carry out its duties and functions. Upon request of the Chairperson, the head of any such Federal agency shall
furnish such information to the Commission subject to applicable law.
(10) Financial and administrative services (including those related to budget
and accounting, financial reporting, personnel, and procurement) shall be provided
to the Commission by the General Services Administration for which payment shall
be made in advance, or by reimbursement, from funds of the Commission, in such
amounts as may be agreed upon by the Chairperson of the Commission and the Administrator of General Services.
(d) In carrying out its duties under this section the Commission, or any duly
authorized committee thereof, is authorized to hold such hearings and take testimony, with respect to matters to which it has a responsibility under this section as
the Commission may deem advisable. The Chairperson of the Commission or any
member authorized by him may administer oaths or affirmations to witnesses appearing before the Commission or before any committee thereof.
(e) From the amounts authorized to be appropriated under the Solid Waste Disposal Act for the fiscal years 1981 and 1982, not more than $1,000,000 may be used
to carry out the provisions of this section.
NOTE
The Used Oil Recycling Act of 1980 (Public Law 96–463) contained the following
provisions which did not amend the Solid Waste Disposal Act:
SEC. 4. * * *
(c) [42 U.S.C. 6363 note] Before the effective date of the labeling standards required to be prescribed under section 383(d)(1)(A) of the Energy Policy and ConDecember 31, 2002

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servation Act, no requirement of any rule or order of the Federal Trade Commission
may apply, or remain applicable, to any container or recycled oil (as defined in section 383(b) of such Act) if such requirement provides that the container must bear
any label referring to the fact that it has been derived from previously used oil.
Nothing in this subsection shall be construed to affect any labeling requirement applicable to recycled oil under any authority of law to the extent such requirement
relates to fitness for intended use or any other performance characteristic of such
oil or to any characteristic of such oil other than that referred to in the preceding
sentence.
*

*

*

*

*

*

*

STUDY

SEC. 9. The Administrator of the Environmental Protection Agency, in cooperation with the Secretary of Energy, the Federal Trade Commission, and the Secretary
of Commerce, shall conduct a study—
(1) assessing the environmental problems associated with the improper disposal or reuse of oil;
(2) addressing the collection cycle of used oil prior to recycling;
(3) analyzing supply and demand in the used oil industry, including (A) estimates of the future supply and quality of used oil feedstocks for purpose of
refining and (B) estimates of the future supply of virgin crude oil available for
refining for purposes of producing lubricating oil;
(4) comparing the energy savings associated with re-refining used oil and
the energy savings associated with other uses of used oil; and
(5) recommending Federal, State, and local policies to encourage methods
for environmentally sound and economically feasible recycling of used oil.
NOTE
The Hazardous and Solid Waste Amendments of 1984 (Public Law 98–616) contained the following provisions which did not amend the Solid Waste Disposal Act:
TITLE VII—OTHER PROVISIONS
REPORT TO CONGRESS ON INJECTION OF HAZARDOUS WASTE

SEC. 701. (a) The Administrator, in cooperation with the States, shall compile
and, not later than six months after the date of enactment of the Hazardous and
Solid Waste Amendments of 1984, submit to the Committee on Environment and
Public Works of the United States Senate and the Committee on Energy and Commerce of the United States House of Representatives, an inventory of all wells in
the United States which inject hazardous wastes. The inventory shall include the
following information:
(1) the location and depth of each well;
(2) engineering and construction details of each, including the thickness and
composition of its casing, the width and content of the annulus, and pump pressure and capacity;
(3) the hydrogeological characteristics of the overlying and underlying strata, as well as that into which the waste is injected;
(4) the location and size of all drinking water aquifers penetrated by the
well, or within a one-mile radius of the well or within two hundred feet below
the well injection point;
(5) the location, capacity, and population served by each well providing
drinking or irrigation water which is within a five-mile radius of the injection
well;
(6) the nature and volume of the waste injected during the one-year period
immediately preceding the date of the report;
(7) the dates and nature of the inspections of the injection well conducted
by independent third parties or agents of State, Federal, or local government;
(8) the name and address of all owners and operators of the well and any
disposal facility associated with it;
(9) the identification of all wells at which enforcement actions have been
initiated under this Act (by reason of well failure, operator error, ground water
contamination or for other reasons) and an identification of the wastes involved
in such enforcement actions; and
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(10) such other information as the Administrator may, in his discretion,
deem necessary to define the scope and nature of hazardous waste disposal in
the United States through underground injection.
(b) In fulfilling the requirements of paragraphs (3) through (5) of subsection (a),
the Administrator need only submit such information as can be obtained from currently existing State records and from site visits to at least twenty facilities containing wells which inject hazardous waste.
(c) The States shall make available to the Administrator such information as
he deems necessary to accomplish the objectives of this section.
*

*

*

*

*

*

*

URANIUM MILL TAILINGS

SEC. 703. [42 U.S.C. 6905 note] Nothing in the Hazardous and Solid Waste
Amendments of 1984 shall be construed to affect, modify, or amend the Uranium
Mill Tailings Radiation Control Act of 1978.
NATIONAL GROUND WATER COMMISSION

SEC. 704. (a) There is established a commission to be known as the National
Ground Water Commission (hereinafter in this section referred to as the ‘‘Commission’’).
(b) The duties of the Commission are to:
(1) Assess generally the amount, location, and quality of the Nation’s
ground water resources.
(2) Identify generally the sources, extent, and types of ground water contamination.
(3) Assess the scope and nature of the relationship between ground water
contamination and ground water withdrawal and develop projections of available, usable ground water in future years on a nationwide basis.
(4) Assess the relationship between surface water pollution and ground
water pollution.
(5) Assess the need for a policy to protect ground water from degradation
caused by contamination.
(6) Assess generally the extent of overdrafting of ground water resources,
and the adequacy of existing mechanisms for preventing such overdrafting.
(7) Assess generally the engineering and technological capability to recharge aquifers.
(8) Assess the adequacy of the present understanding of ground water recharge zones and sole source aquifers and assess the adequacy of knowledge regarding the interrelationship of designated aquifers and recharge zones.
(9) Assess the role of land-use patterns as these relate to protecting ground
water from contamination.
(10) Assess methods for remedial abatement of ground water contamination
as well as the costs and benefits of cleaning up polluted ground water and compare cleanup costs to the costs of substitute water supply methods.
(11) Investigate policies and actions taken by foreign governments to protect ground water from contamination.
(12) Assess the use and effectiveness of existing interstate compacts to address ground water protection from contamination.
(13) Analyze existing legal rights and remedies regarding contamination of
ground water.
(14) Assess the adequacy of existing standards for ground water quality
under State and Federal law.
(15) Assess monitoring methodologies of the States and the Federal Government to achieve the level of protection of the resource as required by State and
Federal law.
(16) Assess the relationship between ground water flow systems (and associated recharge areas) and the control of sources of contamination.
(17) Assess the role of underground injection practices as a means of disposing of waste fluids while protecting ground water from contamination.
(18) Assess methods for abatement and containment of ground water contamination and for aquifer restoration including the costs and benefits of alternatives to abatement and containment.
(19) Assess State and Federal ground water law and mechanisms with
which to manage the quality of the ground water resource.
(20) Assess the adequacy of existing ground water research and determine
future ground water research needs.
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(21) Assess the roles of State, local, and Federal Governments in managing
ground water quality.
(c)(1) The Commission shall be composed of nineteen members as follows:
(A) six appointed by the Speaker of the United States House of Representatives from among the Members of the House of Representatives, two of whom
shall be members of the Committee on Energy and Commerce, two of whom
shall be members of the Committee on Public Works and Transportation, and
two of whom shall be members of the Committee on Interior and Insular Affairs;
(B) four appointed by the majority leader of the United States Senate from
among the Members of the United States Senate;
(C) eight appointed by the President as follows:
(i) four from among a list of nominations submitted to the President by
the National Governors Association, two of whom shall be representatives
of ground water appropriation States and two of whom shall be representatives of ground water riparian States;
(ii) one from among a list of nominations submitted to the President
by the National League of Cities and the United States Conference of Mayors;
(iii) one from among a list of nominations submitted to the President
by the National Academy of Science;
(iv) one from among a list of nominations submitted to the President
by groups, organizations, or associations of industries the activities of which
may affect ground water; and
(v) one from among a list of nominations submitted to the President
from groups, organizations, or associations of citizens which are representative of persons concerned with pollution and environmental issues and
which have participated, at the State or Federal level, in studies, administrative proceedings, or litigation (or any combination thereof) relating to
ground water; and
(D) the Director of the Office of Technology Assessment.
A vacancy in the Commission shall be filled in the manner in which the original
appointment was made. Appointments may be made under this subsection without
regard to section 5311(b) of title 5, United States Code. Not more than three of the
six members appointed under subparagraph (A) and not more than two of the four
members appointed under subparagraph (B) may be of the same political party. No
member appointed under paragraph (C) may be an officer or employee of the Federal Government.
(2) If any member of the Commission who was appointed to the Commission as
a Member of the Congress leaves that office, or if any member of the Commission
who was appointed from persons who are not officers or employees of any government becomes an officer or employee of a government, he may continue as a member
of the Commission for not longer than the ninety-day period beginning on the date
he leaves that office or becomes such an officer or employee, as the case may be.
(3) Members shall be appointed for the life of the Commission.
(4)(A) Except as provided in subparagraph (B), members of the Commission
shall each be entitled (subject to appropriations provided in advance) to receive the
daily equivalent of the maximum annual rate of basic pay in effect for grade GS–
18 of the General Schedule for each day (including travel time) during which they
are engaged in the actual performance of duties vested in the Commission. While
away from their homes or regular places of business in the performance of sevices
for the Commission, members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner as persons employed
intermittenly in Government service are allowed expenses under section 5703 of
title 5 of the United States Code.
(B) Members of the Commission who are Members of the Congress shall receive
no additional pay, allowances, or benefits by reason of their service on the Commission.
(5) Five members of the Commission shall constitute a quorum but two may
hold hearings.
(6) The Chairman of the Commission shall be appointed by the Speaker of the
House of Representatives from among members appointed under paragraph (1)(A)
of this subsection and the Vice Chairman of the Commission shall be appointed by
the majority leader of the Senate from among members appointed under paragraph
(1)(B) of this subsection. The Chairman and the Vice Chairman of the Commission
shall serve for the life of the Commission unless they cease to be members of the
Commission before the termination of the Commission.
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(7) The Commission shall meet at the call of the Chairman or a majority of its
members.
(d)(1) The Commission shall have a Director who shall be appointed by the
Chairman, without regard to section 5311(b) of title 5, United States Code.
(2) The Chairman may appoint and fix the pay of such additional personnel as
the Chairman considers appropriate.
(3) With the approval of the Commission, the Chairman may procure temporary
and intermittent services under section 3109(b) of title 5 of the United States Code.
(4) The Commission shall request, and the Chief of Engineers and the Director
of the Geological Survey are each authorized to detail, on a reimbursable basis, any
of the personnel of their respective agencies to the Commission to assist it in carrying out its duties under this section. Upon request of the Commission, the head
of any other Federal agency is authorized to detail, on a reimbursable basis, any
of the personnel of such agency to the Commission to assist it in carrying out its
duties under this section.
(e)(1) The Commission may, for the purpose of carrying out this section, hold
such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate.
(2) Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section.
(3) The Commission may use the United States mails in the same manner and
under the same conditions as other departments and agencies of the United States.
(4) The Administrator of General Services shall provide to the Commission on
a reimbursable basis such administrative support services as the Commission may
request.
(5) The Commission may secure directly from any department or agency of the
United States information necessary to enable it to carry out this section. Upon request of the Chairman of the Commission, the head of such department or agency
shall furnish such information to the Commission.
(f)(1) The Commission shall transmit to the President and to each House of the
Congress a report not later than October 30, 1986. The report shall contain a detailed statement of the findings and conclusions of the Commission with respect to
each item listed in subsection (b), together with its recommendations for such legislation; and administrative actions, as it considers appropriate.
(2) Not later than one year after the enactment of the Hazardous and Solid
Waste Amendments of 1984, the Commission shall complete a preliminary study
concerning ground water contamination from hazardous and other solid waste and
submit to the President and to the Congress a report containing the findings and
conclusions of such preliminary study. The study shall be continued thereafter, and
final findings and conclusions shall be incorporated as a separate chapter in the report required under paragraph (1). The preliminary study shall include an analysis
of the extent of ground water contamination caused by hazardous and other solid
waste, the regions and major water supplies most significantly affected by such contamination, and any recommendations of the Commission for preventive or remedial
measures to protect human health and the environment from the effects of such contamination.
(g) The Commission shall cease to exist on January 1, 1987.
(h) Nothing in this section and no recommendation of the Commission shall affect any rights to quantities of water established under State law, interstate compact, or Supreme Court decree.
(i) There is authorized to be appropriated for the fiscal years 1985 through 1987
not to exceed $7,000,000 to carry out this section.
NOTE
Title I of Public Law 100–556 (42 U.S.C. 6914b) provides:
TITLE I—DEGRADABLE PLASTIC RING CARRIERS
SEC. 101. FINDINGS.

The Congress finds that—
(1) plastic ring carrier devices have been found in large quantities in the
marine environment;
(2) fish and wildlife have been known to have become entangled in plastic
ring carriers;
(3) nondegradable plastic ring carrier devices can remain intact in the marine environment for decades, posing a threat to fish and wildlife; and
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(4) 16 States have enacted laws requiring that plastic ring carrier devices
be made from degradable material in order to reduce litter and to protect fish
and wildlife.
SEC. 102. 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 13⁄4 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, photo-degradation, or hydrolysis.
SEC. 103. REGULATION.

Not later than 24 months after the date of the enactment of this title (unless
the Administrator of the Environmental Protection Agency determines that it is not
feasible or that the byproducts of degradable regulated items present a greater
threat to the environment than nondegradable regulated items), the Administrator
of the Environmental Protection Agency shall require, by regulation, that any regulated item intended for use in the United States shall be made of naturally degradable material 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.
NOTE
Section 109 of Public Law 102–386 (42 U.S.C. 6908) provides:
SEC. 109. SMALL TOWN ENVIRONMENTAL PLANNING.

(a) ESTABLISHMENT.—The Administrator of the Environmental Protection Agency (hereafter referred to as the ‘‘Administrator’’) shall establish a program to assist
small communities in planning and financing environmental facilities. The program
shall be known as the ‘‘Small Town Environmental Planning Program’’.
(b) SMALL TOWN ENVIRONMENTAL PLANNING TASK FORCE.—(1) The Administrator shall establish a Small Town Environmental Planning Task Force which shall
be composed of representatives of small towns from different areas of the United
States, Federal and State governmental agencies, and public interest groups. The
Administrator shall terminate the Task Force not later than 2 years after the establishment of the Task Force.
(2) The Task Force shall—
(A) identify regulations developed pursuant to Federal environmental laws
which pose significant compliance problems for small towns;
(B) identify means to improve the working relationship between the Environmental Protection Agency (hereafter referred to as the Agency) and small
towns;
(C) review proposed regulations for the protection of the environmental and
public health and suggest revisions that could improve the ability of small
towns to comply with such regulations;
(D) identify means to promote regionalization of environmental treatment
systems and infrastructure serving small towns to improve the economic condition of such systems and infrastructure; and
(E) provide such other assistance to the Administrator as the Administrator
deems appropriate.
(c) IDENTIFICATION OF ENVIRONMENTAL REQUIREMENTS.—(1) Not later than 6
months after the date of the enactment of this Act, the Administrator shall publish
a list of requirements under Federal environmental and public health statutes (and
the regulations developed pursuant to such statutes) applicable to small towns. Not
less than annually, the Administrator shall make such additions and deletions to
and from the list as the Administrator deems appropriate.
(2) The Administrator shall, as part of the Small Town Environmental Planning
Program under this section, implement a program to notify small communities of
the regulations identified under paragraph (1) and of future regulations and requirements through methods that the Administrator determines to be effective to provide
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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 determines to be appropriate.
(D) Direct mail.
(d) SMALL TOWN OMBUDSMAN.—The Administrator shall establish and staff an
Office of the Small Town Ombudsman. The Office shall provide assistance to small
towns in connection with the Small Town Environmental Planning Program and
other business with the Agency. Each regional office shall identify a small town contact. The Small Town Ombudsman and the regional contacts also may assist larger
communities, but only if first priority is given to providing assistance to small
towns.
(e) MULTI-MEDIA PERMITS.—(1) The Administrator shall conduct a study of establishing a multi-media permitting program for small towns. Such evaluation shall
include an analysis of—
(A) environmental benefits and liabilities of a multi-media permitting
program;
(B) the potential of using such a program to coordinate a small town’s
environmental and public health activities; and
(C) the legal barriers, if any, to the establishment of such a program.
(2) Within 3 years after the date of enactment of this Act, the Administrator
shall report to Congress on the results of the evaluation performed in accordance
with paragraph (1). Included in this report shall be a description of the activities
conducted pursuant to subsections (a) through (d).
(f) DEFINITION.—For purposes of this section, the term ‘‘small town’’ means an
incorporated or unincorporated community (as defined by the Administrator) 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.

December 31, 2002