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42 U.S.C. § 6939c — Mixed waste inventory reports and plan
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
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Source location: Title 42, Chapter 82, § 6939c; chapter-082-solid-waste-disposal.md
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**(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 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).
(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 6924(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6924/m&num=0&edition=prelim).
(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 6924(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6924/m&num=0&edition=prelim).
(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.
(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 6926 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6926&num=0&edition=prelim) 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 6928(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6928/a&num=0&edition=prelim), or the State shall issue an order under appropriate State authority, requiring compliance with the approved plan.
(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 6924(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6924/j&num=0&edition=prelim) 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 6961(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6961/a&num=0&edition=prelim).
**(c) Schedule and progress reports**
(1) **Schedule** — Not later than 6 months after October 6, 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 October 6, 1992, 24 months after October 6, 1992, and 36 months after October 6, 1992.
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Federal law — U.S. Code and appendices · legal_authorities
The oath of office shall be administered by the President of the Senate to each Senator who shall be elected, previous to his taking his seat.
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 21
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6926
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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
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Federal law — U.S. Code and appendices · legal_authorities
Page 6969
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6939c
1 So in original. Probably should be followed by a comma.
§ 6939b. Interim control of hazardous waste in-
jection
(a) Underground source of drinking water
No hazardous waste may be disposed of by un-
derground injection—
(1) into a formation which contains (within
one-quarter mile of the well used for such un-
derground 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 November 8,
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 [42 U.S.C. 300f et seq.].
(b) Actions under Comprehensive Environmental
Response, Compensation, and Liability Act
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
9604 or 9606 of this title, or
(B) part of corrective action required
under this chapter 1
intended to clean up such contamination;
(2) such contaminated ground water is treat-
ed to substantially reduce hazardous constitu-
ents 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 provi-
sions of this chapter, the prohibitions estab-
lished under paragraphs (1) and (2) of subsection
(a) shall be enforceable under the Safe Drinking
Water Act [42 U.S.C. 300f et seq.] in any State—
(1) which has adopted identical or more
stringent prohibitions under part C of the Safe
Drinking Water Act [42 U.S.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6939c
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