Browse Arkansas Code titles and sections
42 U.S.C. § 6939f — Long-term storage
Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation of facility**
(1) **In general** — Not later than January 1, 2010, the Secretary of Energy (referred to in this section as the “Secretary”) shall designate a facility or facilities of the Department of Energy, which shall not include the Y–12 National Security Complex or any other portion or facility of the Oak Ridge Reservation of the Department of Energy, for the purpose of long-term management and storage of elemental mercury generated within the United States.
(2) **Operation of facility** — Not later than January 1, 2019, the facility designated in paragraph (1) shall be operational and shall accept custody, for the purpose of long-term management and storage, of elemental mercury generated within the United States and delivered to such facility.
**(b) Fees**
(1) **In general**
(A) *Assessment and collection* — After consultation with persons who are likely to deliver elemental mercury to a designated facility for long-term management and storage under the program prescribed in subsection (a), and with other interested persons, the Secretary shall assess and collect a fee at the time of delivery for providing such management and storage, based on the pro rata cost of long-term management and storage of elemental mercury delivered to the facility.
(B) *Amount* — The amount of the fees described in subparagraph (A)—
(i) shall be made publicly available not later than October 1, 2018;
(ii) may be adjusted annually;
(iii) shall be set in an amount sufficient to cover the costs described in paragraph (2), subject to clause (iv); and
(iv) for generators temporarily accumulating elemental mercury in a facility subject to subparagraphs (B) and (D)(iv) of subsection (g)(2) if the facility designated in subsection (a) is not op
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6939f
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: bfbc097566750e8223ffc72860bb3d84f919336adccb09022295d3b14ec97183. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_958027b2d99a51d6d62b2f4c
Source file: Laws/federal/codes/united-states-code/title-42/section-6939f-long-term-storage--97ebd2fd20.md
Pages: Not recorded – Not recorded
Passage SHA-256: bd34a43d1a7c6cf6ac39b3feadb2f34a445738e464b644c586a5ce34c9aac5d2
Source location: Title 42, Chapter 82, § 6939f; chapter-082-solid-waste-disposal.md
Stored source content
**(a) Designation of facility**
(1) **In general** — Not later than January 1, 2010, the Secretary of Energy (referred to in this section as the “Secretary”) shall designate a facility or facilities of the Department of Energy, which shall not include the Y–12 National Security Complex or any other portion or facility of the Oak Ridge Reservation of the Department of Energy, for the purpose of long-term management and storage of elemental mercury generated within the United States.
(2) **Operation of facility** — Not later than January 1, 2019, the facility designated in paragraph (1) shall be operational and shall accept custody, for the purpose of long-term management and storage, of elemental mercury generated within the United States and delivered to such facility.
**(b) Fees**
(1) **In general**
(A) *Assessment and collection* — After consultation with persons who are likely to deliver elemental mercury to a designated facility for long-term management and storage under the program prescribed in subsection (a), and with other interested persons, the Secretary shall assess and collect a fee at the time of delivery for providing such management and storage, based on the pro rata cost of long-term management and storage of elemental mercury delivered to the facility.
(B) *Amount* — The amount of the fees described in subparagraph (A)—
(i) shall be made publicly available not later than October 1, 2018;
(ii) may be adjusted annually;
(iii) shall be set in an amount sufficient to cover the costs described in paragraph (2), subject to clause (iv); and
(iv) for generators temporarily accumulating elemental mercury in a facility subject to subparagraphs (B) and (D)(iv) of subsection (g)(2) if the facility designated in subsection (a) is not operational by January 1, 2019, shall be adjusted to subtract the cost of the temporary accumulation during the period in which the facility designated under subsection (a) is not operational.
(C) *Conveyance of title and permitting* — If the facility designated in subsection (a) is not operational by January 1, 2020, the Secretary—
(i) shall immediately accept the conveyance of title to all elemental mercury that has accumulated in facilities in accordance with subsection (g)(2)(D), before January 1, 2020, and deliver the accumulated mercury to the facility designated under subsection (a) on the date on which the facility becomes operational;
(ii) shall pay any applicable Federal permitting costs, including the costs for permits issued under section 3005(c) of the Solid Waste Disposal Act ([42 U.S.C. 6925(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925/c&num=0&edition=prelim)); and
(iii) shall store, or pay the cost of storage of, until the time at which a facility designated in subsection (a) is operational, accumulated mercury to which the Secretary has title under this subparagraph in a facility that has been issued a permit under section 3005(c) of the Solid Waste Disposal Act ([42 U.S.C. 6925(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925/c&num=0&edition=prelim)).
(2) **Costs** — The costs referred to in paragraph (1)(B)(iii) are the costs to the Department of Energy of providing such management and storage, including facility operation and maintenance, security, monitoring, reporting, personnel, administration, inspections, training, fire suppression, closure, and other costs required for compliance with applicable law. Such costs shall not include costs associated with land acquisition or permitting of a designated facility under the Solid Waste Disposal Act [[42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.] or other applicable law. Building design and building construction costs shall only be included to the extent that the Secretary finds that the management and storage of elemental mercury accepted under the program under this section cannot be accomplished without construction of a new building or buildings.
**(c) Report** Not later than 60 days after the end of each Federal fiscal year, the Secretary shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on all of the costs incurred in the previous fiscal year associated with the long-term management and storage of elemental mercury. Such report shall set forth separately the costs associated with activities taken under this section.
**(d) Management standards for a facility**
(1) **Guidance** — Not later than October 1, 2009, the Secretary, after consultation with the Administrator of the Environmental Protection Agency and all appropriate State agencies in affected States, shall make available, including to potential users of the long-term management and storage program established under subsection (a), guidance that establishes procedures and standards for the receipt, management, and long-term storage of elemental mercury at a designated facility or facilities, including requirements to ensure appropriate use of flasks or other suitable shipping containers. Such procedures and standards shall be protective of human health and the environment and shall ensure that the elemental mercury is stored in a safe, secure, and effective manner. In addition to such procedures and standards, elemental mercury managed and stored under this section at a designated facility shall be subject to the requirements of the Solid Waste Disposal Act [[42 U.S.C. 6901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6901&num=0&edition=prelim) et seq.], including the requirements of subtitle C of that Act [[42 U.S.C. 6921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim) et seq.], except as provided in subsection (g)(2) of this section. A designated facility is authorized to operate under interim status pursuant to section 3005(e) of the Solid Waste Disposal Act [[42 U.S.C. 6925(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925/e&num=0&edition=prelim)] until a final decision on a permit application is made pursuant to section 3005(c) of the Solid Waste Disposal Act [[42 U.S.C. 6925(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925/c&num=0&edition=prelim)]. Not later than January 1, 2020, the Administrator of the Environmental Protection Agency (or an authorized State) shall issue a final decision on the permit application.
(2) **Training** — The Secretary shall conduct operational training and emergency training for all staff that have responsibilities related to elemental mercury management, transfer, storage, monitoring, or response.
(3) **Equipment** — The Secretary shall ensure that each designated facility has all equipment necessary for routine operations, emergencies, monitoring, checking inventory, loading, and storing elemental mercury at the facility.
(4) **Fire detection and suppression systems** — The Secretary shall—
(A) ensure the installation of fire detection systems at each designated facility, including smoke detectors and heat detectors; and
(B) ensure the installation of a permanent fire suppression system, unless the Secretary determines that a permanent fire suppression system is not necessary to protect human health and the environment.
**(e) Indemnification of persons delivering elemental mercury**
(1) **In general**
(A) Except as provided in subparagraph (B) and subject to paragraph (2), the Secretary shall hold harmless, defend, and indemnify in full any person who delivers elemental mercury to a designated facility under the program established under subsection (a) from and against any suit, claim, demand or action, liability, judgment, cost, or other fee arising out of any claim for personal injury or property damage (including death, illness, or loss of or damage to property or economic loss) that results from, or is in any manner predicated upon, the release or threatened release of elemental mercury as a result of acts or omissions occurring after such mercury is delivered to a designated facility described in subsection (a).
(B) To the extent that a person described in subparagraph (A) contributed to any such release or threatened release, subparagraph (A) shall not apply.
(2) **Conditions** — No indemnification may be afforded under this subsection unless the person seeking indemnification—
(A) notifies the Secretary in writing within 30 days after receiving written notice of the claim for which indemnification is sought;
(B) furnishes to the Secretary copies of pertinent papers the person receives;
(C) furnishes evidence or proof of any claim, loss, or damage covered by this subsection; and
(D) provides, upon request by the Secretary, access to the records and personnel of the person for purposes of defending or settling the claim or action.
(3) **Authority of Secretary**
(A) In any case in which the Secretary determines that the Department of Energy may be required to make indemnification payments to a person under this subsection for any suit, claim, demand or action, liability, judgment, cost, or other fee arising out of any claim for personal injury or property damage referred to in paragraph (1)(A), the Secretary may settle or defend, on behalf of that person, the claim for personal injury or property damage.
(B) In any case described in subparagraph (A), if the person to whom the Department of Energy may be required to make indemnification payments does not allow the Secretary to settle or defend the claim, the person may not be afforded indemnification with respect to that claim under this subsection.
**(f) Terms, conditions, and procedures** The Secretary is authorized to establish such terms, conditions, and procedures as are necessary to carry out this section.
**(g) Effect on other law**
(1) **In general** — Except as provided in paragraph (2), nothing in this section changes or affects any Federal, State, or local law or the obligation of any person to comply with such law.
(2) **Exception**
(A) Elemental mercury that the Secretary is storing on a long-term basis shall not be subject to the storage prohibition of section 3004(j) of the Solid Waste Disposal Act ([42 U.S.C. 6924(j)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6924/j&num=0&edition=prelim)). For the purposes of section 3004(j) of the Solid Waste Disposal Act, a generator accumulating elemental mercury destined for a facility designated by the Secretary under subsection (a) for 90 days or less shall be deemed to be accumulating the mercury to facilitate proper treatment, recovery, or disposal.
(B) Elemental mercury may be stored at a facility with respect to which any permit has been issued under section 3005(c) of the Solid Waste Disposal Act ([42 U.S.C. 6925(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925/c&num=0&edition=prelim)), and shall not be subject to the storage prohibition of section 3004(j) of the Solid Waste Disposal Act ([42 U.S.C. 6924(j)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6924/j&num=0&edition=prelim)) if—
(i) the Secretary is unable to accept the mercury at a facility designated by the Secretary under subsection (a) for reasons beyond the control of the owner or operator of the permitted facility;
(ii) the owner or operator of the permitted facility certifies in writing to the Secretary that it will ship the mercury to the designated facility when the Secretary is able to accept the mercury; and
(iii) the owner or operator of the permitted facility certifies in writing to the Secretary that it will not sell, or otherwise place into commerce, the mercury.
(C) Subparagraph (B) shall not apply to mercury with respect to which the owner or operator of the permitted facility fails to comply with a certification provided under clause (ii) or (iii) of that subparagraph.
(D) A generator producing elemental mercury incidentally from the beneficiation or processing of ore or related pollution control activities may accumulate the mercury produced onsite that is destined for a facility designated by the Secretary under subsection (a) for more than 90 days without a permit issued under section 3005(c) of the Solid Waste Disposal Act ([42 U.S.C. 6925(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925/c&num=0&edition=prelim)), and shall not be subject to the storage prohibition of section 3004(j) of that Act ([42 U.S.C. 6924(j)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6924/j&num=0&edition=prelim)), if—
(i) the Secretary is unable to accept the mercury at a facility designated by the Secretary under subsection (a) for reasons beyond the control of the generator;
(ii) the generator certifies in writing to the Secretary that the generator will ship the mercury to a designated facility when the Secretary is able to accept the mercury;
(iii) the generator certifies in writing to the Secretary that the generator is storing only mercury the generator has produced or recovered onsite and will not sell, or otherwise place into commerce, the mercury; and
(iv) the generator has obtained an identification number under section 262.12 of title 40, Code of Federal Regulations, and complies with the requirements described in paragraphs (1) through (4) of section 262.34(a) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subparagraph).
(E) *Management standards for temporary storage.—* — Not later than January 1, 2017, the Secretary, after consultation with the Administrator of the Environmental Protection Agency and State agencies in affected States, shall develop and make available guidance that establishes procedures and standards for the management and short-term storage of elemental mercury at a generator covered under subparagraph (D), including requirements to ensure appropriate use of flasks or other suitable containers. Such procedures and standards shall be protective of health and the environment and shall ensure that the elemental mercury is stored in a safe, secure, and effective manner. A generator may accumulate mercury in accordance with subparagraph (D) immediately upon enactment of this subparagraph, and notwithstanding that guidance called for by this paragraph has not been developed or made available.
**(h) Study** Not later than July 1, 2014, the Secretary shall transmit to the Congress the results of a study, conducted in consultation with the Administrator of the Environmental Protection Agency, that—
(1) determines the impact of the long-term storage program under this section on mercury recycling; and
(2) includes proposals, if necessary, to mitigate any negative impact identified under paragraph (1).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria for identification or listing** Not later than eighteen months after October 21, 1976, 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 subchapter, taking into account toxicity, persistence, and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness, and other hazardous characteristics. Such criteria shall be revised from time to time as may be appropriate.
**(b) Identification and listing**
(1) Not later than eighteen months after October 21, 1976, and after notice and opportunity for public hearing, the Administrator shall promulgate regulations identifying the characteristics of hazardous waste, and listing particular hazardous wastes (within the meaning of [section 6903(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/5&num=0&edition=prelim)), which shall be subject to the provisions of this subchapter. 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 subchapter solely because of the presence in such wastes of certain constituents (such as identified carcinogens, mutagens, or teratagens) 11 So in original. Probably should be “teratogens)”. at le
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6921
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) human beings and the environment are being exposed each year to a large number of chemical substances and mixtures;
(2) among the many chemical substances and mixtures which are constantly being developed and produced, there are some whose manufacture, processing, distribution in commerce, use, or disposal may present an unreasonable risk of injury to health or the environment; and
(3) the effective regulation of interstate commerce in such chemical substances and mixtures also necessitates the regulation of intrastate commerce in such chemical substances and mixtures.
**(b) Policy** It is the policy of the United States that—
(1) adequate information should be developed with respect to the effect of chemical substances and mixtures on health and the environment and that the development of such information should be the responsibility of those who manufacture and those who process such chemical substances and mixtures;
(2) adequate authority should exist to regulate chemical substances and mixtures which present an unreasonable risk of injury to health or the environment, and to take action with respect to chemical substances and mixtures which are imminent hazards; and
(3) authority over chemical substances and mixtures should be exercised in such a manner as not to impede unduly or create unnecessary economic barriers to technological innovation while fulfilling the primary purpose of this chapter to assure that such innovation and commerce in such chemical substances and mixtures do not present an unreasonable risk of injury to health or the environment.
**(c) Intent of Congress** It is the intent of Congress that the Administrator shall carry out this chapter in a reasonable and prudent manner, and that the Admin
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2601
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) 11 So in original. No subsec. (b) has been enacted. Property interests relating to federally funded advanced nuclear reactor projects**
(1) **Definitions** — In this section:
(A) *Advanced nuclear reactor* — The term “advanced nuclear reactor” has the meaning given the term in [section 16271(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16271/b&num=0&edition=prelim).
(B) *Property interest*
(i) *In general* — Except as provided in clause (ii), the term “property interest” means any interest in real property or personal property (as those terms are defined in section 200.1 of title 2, Code of Federal Regulations (as in effect on November 15, 2021)).
(ii) *Exclusion* — The term “property interest” does not include any interest in intellectual property developed using funding provided under a project described in paragraph (3).
(2) **Assignment of property interests** — The Secretary may assign to any entity, including the United States, fee title or any other property interest acquired by the Secretary under an agreement entered into with respect to a project described in paragraph (3).
(3) **Project described** — A project referred to in paragraph (2) is—
(A) a project for which funding is provided pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271, including any project for which funding has been provided pursuant to that announcement as of November 15, 2021;
(B) any other project for which funding is provided using amounts made available for the Advanced Reactor Demonstration Program of the Department under the heading “Nuclear Energy” under the heading “ENERGY PROGRAMS” in title III of division C of the Further Consolidated Appropriations Act, 2020 (P
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18753
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 6921
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6901
Sec.
6985.
Special study and demonstration projects on
recovery of useful energy and materials.
6986.
Grants for resource recovery systems and im-
proved solid waste disposal facilities.
6987.
Authorization of appropriations.
SUBCHAPTER IX—REGULATION OF
UNDERGROUND STORAGE TANKS
6991.
Definitions and exemptions.
6991a.
Notification.
6991b.
Release detection, prevention, and correction
regulations.
6991c.
Approval of State programs.
6991d.
Inspections, monitoring, testing, and correc-
tive action.
6991e.
Federal enforcement.
6991f.
Federal facilities.
6991g.
State authority.
6991h.
Study of underground storage tanks.
6991i.
Operator training.
6991j.
Use of funds for release prevention and com-
pliance.
6991k.
Delivery prohibition.
6991l.
Tanks on tribal lands.
6991m.
Authorization of appropriations.
SUBCHAPTER X—DEMONSTRATION MEDICAL
WASTE TRACKING PROGRAM
6992.
Scope of demonstration program for medical
waste.
6992a.
Listing of medical wastes.
6992b.
Tracking of medical waste.
6992c.
Inspections.
6992d.
Enforcement.
6992e.
Federal facilities.
6992f.
Relationship to State law.
6992g.
Repealed.
6992h.
Health impacts report.
6992i.
General provisions.
6992j.
Effective date.
6992k.
Authorization of appropriations.
SUBCHAPTER I—GENERAL PROVISIONS
§ 6901. Congressional findings
(a) Solid waste
The Congress finds with respect to solid
waste—
(1)
that
the
continuing
technological
progress and improvement in methods of man-
ufacture, packaging, and marketing of con-
sumer products has resulted in an ever-mount-
ing increase, and in a change in the character-
istics, of the mass material discarded by the
purchaser of such products;
(2) that the econo
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6901
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 6901. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 6935
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6921
1 So in original. Probably should be ‘‘teratogens)’’.
Transportation System, and subsequent transfer to
Secretary of Energy, then to Federal Coordinator for
Alaska Natural Gas Transportation Projects, see note
set out under section 6903 of this title.
§ 6917. Office of Ombudsman
(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 Ombuds-
man to receive individual complaints, griev-
ances, requests for information submitted by
any person with respect to any program or re-
quirement under this chapter.
(b) Authority to render assistance
The Ombudsman shall render assistance with
respect to the complaints, grievances, and re-
quests 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 chapter, any other provision of
law, or any Federal regulation.
(d) Termination
The Office of the Ombudsman shall cease to
exist 4 years after November 8, 1984.
(Pub. L. 89–272, title II, § 2008, as added Pub. L.
98–616, title I, § 103(a), Nov. 8, 1984, 98 Stat. 3225.)
SUBCHAPTER III—HAZARDOUS WASTE
MANAGEMENT
§ 6921. Identification and listing of hazardous
waste
(a) Criteria for identification or listing
Not later than eighteen months after October
21, 1976, the Administrator shall, after notice
and opportunity for public hearing, and after
consultation with appropriate Federal and State
agencies, develop and promu
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6921
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 6921. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than eighteen months after October 21, 1976, and after opportunity for public hearings and after consultation with appropriate Federal and State agencies, the Administrator shall promulgate regulations establishing such performance standards, applicable to owners and operators of facilities for the treatment, storage, or disposal of hazardous waste identified or listed under this subchapter, 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 chapter which is treated, stored, or disposed of, as the case may be, and the manner in which such wastes were treated, stored, or disposed of;
(2) satisfactory reporting, monitoring, and inspection and compliance with the manifest system referred to in section 6922(5) 11 See References in Text note below. of this title;
(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,
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6924
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 6924. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 6941
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6924
1 See References in Text note below.
this title, or (2) from any hazardous waste iden-
tified or listed under section 6921 of this title
and any other material, as may be necessary to
protect human health and the environment.
Such standards may include any of the require-
ments set forth in paragraphs (1) through (4) of
subsection (a) as may be appropriate.
(Pub. L. 89–272, title II, § 3003, as added Pub. L.
94–580, § 2, Oct. 21, 1976, 90 Stat. 2807; amended
Pub. L. 95–609, § 7(g), Nov. 8, 1978, 92 Stat. 3082;
Pub. L. 98–616, title II, § 204(b)(2), Nov. 8, 1984, 98
Stat. 3238.)
Editorial Notes
REFERENCES IN TEXT
Section 6922(5) of this title, referred to in subsec.
(a)(3), was redesignated section 6922(a)(5) of this title,
by Pub. L. 98–616, title II, § 224(a)(1), Nov. 8, 1984, 98
Stat. 3253.
The Marine Protection, Research, and Sanctuaries
Act, referred to in subsec. (a)(4), probably means the
Marine Protection, Research, and Sanctuaries Act of
1972, Pub. L. 92–532, Oct. 23, 1972, 86 Stat. 1052. Title I of
the Marine Protection, Research, and Sanctuaries Act
of 1972 is classified generally to subchapter I (§ 1411 et
seq.) of chapter 27 of Title 33, Navigation and Navigable
Waters. For complete classification of this Act to the
Code, see Short Title note set out under section 1401 of
Title 33 and Tables.
CODIFICATION
In subsec. (b), ‘‘chapter 51 of title 49’’ substituted for
‘‘the Hazardous Materials Transportation Act (88 Stat.
2156) [49 App. U.S.C. 1801 et seq.]’’ on authority of Pub.
L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first sec-
tion of which enacted subtitles II, III, and V to X of
Title 49, Transportation.
AMENDMENTS
1984—Subsec. (c). Pub. L. 98–616 added sub
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6924
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 6924. This identifies an authority to review, not proof of applicability.
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
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 6925. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 6949
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6925
(x) Mining and other special wastes
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 con-
trol waste generated primarily from the com-
bustion of coal or other fossil fuels, or (3) ce-
ment kiln dust waste, is subject to regulation
under this subchapter, the Administrator is au-
thorized to modify the requirements of sub-
sections (c), (d), (e), (f), (g), (o), and (u) and sec-
tion 6925(j) of this title, in the case of landfills
or surface impoundments receiving such solid
waste, to take into account the special charac-
teristics of such wastes, the practical difficul-
ties associated with implementation of such re-
quirements, and site-specific characteristics, in-
cluding 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 October 6,
1992, the Administrator shall propose, after con-
sulting with the Secretary of Defense and appro-
priate State officials, regulations identifying
when military munitions become hazardous
waste for purposes of this subchapter and pro-
viding for the safe transportation and storage of
such waste. Not later than 24 months after Octo-
ber 6, 1992, and after notice and opportunity for
comment, the Administrator shall promulgate
such regulations. Any such regulations shall as-
sure protection of human health and the envi-
ronment.
(2) For purposes of this subsection, the term
‘‘military munitions’’ includes chemical
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6925
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 6925. This identifies an authority to review, not proof of applicability.