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42 U.S.C. § 6926 — Authorized State hazardous waste programs
Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal guidelines** Not later than eighteen months after October 21, 1976, 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 subchapter 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 subchapter 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 6935(d)(1) 11 See References in Text note below. of this title) 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 subchapter, (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 w
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Source file: Laws/federal/codes/united-states-code/title-42/section-6926-authorized-state-hazardous-waste-programs--649655c099.md
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Source location: Title 42, Chapter 82, § 6926; chapter-082-solid-waste-disposal.md
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**(a) Federal guidelines** Not later than eighteen months after October 21, 1976, 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 subchapter 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 subchapter 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 6935(d)(1) 11 See References in Text note below. of this title) 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 subchapter, (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 subchapter. 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 date ninety days after the date of promulgation of regulations under sections 6922, 6923, 6924, and 6925 of this title, may submit to the Administrator evidence of such existing program and may request a temporary authorization to carry out such program under this subchapter. The Administrator shall, if the evidence submitted shows the existing State program to be substantially equivalent to the Federal program under this subchapter, grant an interim authorization to the State to carry out such program in lieu of the Federal program pursuant to this subchapter 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 subchapter.
**(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 subchapter. 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 subchapter in such State.
**(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 subchapter 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 November 8, 1984, has an existing hazardous waste program which has been granted interim or final authorization under this section may submit to the Administrator evidence that such existing program contains (or has been amended to include) any requirement which is substantially equivalent to a requirement referred to in paragraph (1) and may request interim authorization to carry out that requirement under this subchapter. 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 subchapter as a hazardous waste but which is regulated under [section 6935 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6935&num=0&edition=prelim), 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 subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
(1) The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) The term “construction,” with respect to any project of construction under this chapter, 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 haz
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6903
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than one year after October 15, 1980, the Administrator shall promulgate 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 November 8, 1984, the Administrator shall propose whether to list or identify used automobile and truck crankcase oil as hazardous waste under [section 6921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim). Not later than twenty-four months after November 8, 1984, 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 6921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim).
**(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 6921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim), the standards promulgated under section 11 So in original. Probably should be “sections”. 6921(d), 6922, and 6923 of this title shall not apply to such used oil if such used
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6935
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Permit requirements** Not later than eighteen months after October 21, 1976, 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 subchapter to have a permit issued pursuant to this section. Such regulations shall take effect on the date provided in [section 6930 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6930&num=0&edition=prelim) 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 2605(e) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2605/e&num=0&edition=prelim) for the incineration 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 subchapter.
**(b) Requirements of permit application** Each application for a permit under this section shall contain such information as may be required under regulations promulgated by the Administrator, including information respecting—
(1) estimates with respect to the composition, quantities, and concentrations of any hazardous w
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6925
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Federal law — U.S. Code and appendices · legal_authorities
**(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 subchapter, 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 subchapter where such violation occurs in a State which is authorized to carry out a hazardous waste program under [section 6926 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6926&num=0&edition=prelim), 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 subchapter 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 subchapter. 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 requ
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6928
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preliminary notification** Not later than ninety days after promulgation of regulations under [section 6921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim) identifying by its characteristics or listing any substance as hazardous waste subject to this subchapter, 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 6926 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6926&num=0&edition=prelim)) 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 November 8, 1984—
(1) the owner or operator of any facility which produces a fuel (A) from any hazardous waste identified or listed under [section 6921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim), (B) from such hazardous waste identified or listed under [section 6921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim) 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 6921 of this title](https://uscode.house.gov/view.xhtml?req=gra
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6930
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mixed waste inventory reports**
(1) **Requirement** — Not later than 180 days after October 6, 1992, the Secretary of Energy shall submit to the Administrator and to the Governor of each State in which the Department 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 6924 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6924&num=0&edition=prelim) 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 an
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6939c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Petition** Any person may petition the Administrator for the promulgation, amendment, or repeal of any regulation under this chapter. 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 chapter shall be 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 any facility for the treatment, storage, or disposal of hazardous wastes under [section 6925 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925&num=0&edition=prelim), 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,
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6974
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Review of final regulations and certain petitions** Any judicial review of final regulations promulgated pursuant to this chapter and the Administrator’s denial of any petition for the promulgation, amendment, or repeal of any regulation under this chapter shall be in accordance with sections 701 through 706 of title 5, except that—
(1) a petition for review of action of the Administrator in promulgating any regulation, or requirement under this chapter or denying any petition for the promulgation, amendment or repeal of any regulation under this chapter may be filed only in the United States Court of Appeals for the District of Columbia, and such petition shall be filed within ninety days from the date of such promulgation or denial, or after such date if such petition for review is based solely on grounds arising after such ninetieth day; action of the Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil or criminal proceedings for enforcement; and
(2) in any judicial proceeding brought under this section in which review is sought of a determination under this chapter required to be made on the record after notice and opportunity for hearing, if a party seeking review under this chapter applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that the information is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6976
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Federal law — U.S. Code and appendices · legal_authorities
Page 6954
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6926
3 So in original. Probably should be ‘‘of’’.
1 See References in Text note below.
under normal operating conditions, on an an-
nual average basis;
(ii) the hydraulic retention time in such ini-
tial 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 con-
stitute a hazardous waste as identified by the
extraction procedure toxicity characteristic in
effect on November 8, 1984; or
(iii) such system utilizes activated sludge
treatment in the first portion of secondary
treatment.
(C) For the purposes of this subsection, the
term ‘‘underground source or 3 drinking water’’
has the same meaning as provided in regulations
under the Safe Drinking Water Act (title XIV of
the Public Health Service Act [42 U.S.C. 300f et
seq.]).
(13) The Administrator may modify the re-
quirements of paragraph (1) in the case of a sur-
face impoundment for which the owner or oper-
ator, prior to October 1, 1984, has entered into,
and is in compliance with, a consent order, de-
cree, 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 protec-
tion of human health and the environment
which is at a minimum equivalent to that pro-
vided by paragraph (1).
(Pub. L. 89–272, title II, § 3005, as added Pub. L.
94–580, § 2, Oct. 21, 1976, 90 Stat. 2808; amended
Pub. L. 95–609, § 7(h), Nov. 8, 1978, 92 Stat. 3082;
Pub. L. 96–482, §§ 10, 11, Oct. 21, 1980, 94 Stat. 2338;
Pub. L. 98–616, title II, §§ 211–213(a), (c), 214(a),
215, 224(b), 243(c), Nov. 8, 1984, 98 Stat. 3240–3243,
3253, 3261; Pub. L. 104–119,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6926
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.