42 U.S.C. § 6926 — Authorized State hazardous waste pro-

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, § 4(6), (7), Mar. 26, 1996, 110 Stat. 833.) Editorial Notes REFERENCES IN TEXT The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (f), is Pub. L. 95–87, Aug. 3, 1977, 91 Stat. 445, which is classified generally to chap- ter 25 (§ 1201 et seq.) of Title 30, Mineral Lands and Min- ing. For complete classification of this Act to the Code, see Short Title note set out under section 1201 of Title 30 and Tables. The Safe Drinking Water Act, referred to in subsec. (j)(12)(C), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, which is clas- sified generally to subchapter XII (§ 300f et seq.) of chapter 6A of this title. For complete classification of this Act to the Code see Short Title note set out under section 201 of this title and Tables. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–119, § 4(6), substituted ‘‘polychlorinated’’ for ‘‘polycholorinated’’. Subsec. (e)(1)(C). Pub. L. 104–119, § 4(7), inserted comma at end of subpar. (C). 1984—Subsec. (a). Pub. L. 98–616, § 211, substituted ‘‘an existing facility or planning to construct a new’’ for ‘‘a’’, inserted ‘‘and the construction of any new facility for the treatment, storage, or disposal of any such haz- ardous waste’’, and inserted at end ‘‘No permit shall be required under this section in order to construct a fa- cility if such facility is constructed pursuant to an ap- proval issued by the Administrator under section 2605(e) of title 15 for the incineration of polycholorinated [sic] biphenyls and any person owning or operating such a facility may, at any time after op- eration or construction of such facility has begun, file an application for a permit pursuant to this section au- thorizing such facility to incinerate hazardous waste identified or listed under this subchapter.’’ Subsec. (c)(1), (2). Pub. L. 98–616, § 213(c), designated existing provisions as par. (1) and added par. (2). Subsec. (c)(3). Pub. L. 98–616, § 212, added par. (3). Subsec. (e). Pub. L. 98–616, § 213(a), designated existing provisions as par. (1), redesignated former pars. (1), (2), and (3) thereof as subpars. (A), (B), and (C), respec- tively, designated existing provisions of previously re- designated subpar. (A) as cl. (i) and added cl. (ii), in- serted ‘‘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.’’ to clos- ing provisions of par. (1), and added pars. (2) and (3). Subsec. (g). Pub. L. 98–616, § 214(a), added subsec. (g). Subsec. (h). Pub. L. 98–616, § 224(b), added subsec. (h). Subsec. (i). Pub. L. 98–616, § 243(c), added subsec. (i). Subsec. (j). Pub. L. 98–616, § 215, added subsec. (j). 1980—Subsec. (e)(1). Pub. L. 96–482, § 10, substituted ‘‘November 19, 1980’’ for ‘‘October 21, 1976’’. Subsec. (f). Pub. L. 96–482, § 11, added subsec. (f). 1978—Subsec (a). Pub. L. 95–609 inserted ‘‘treatment, storage, or’’ after ‘‘and after such date the’’. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas 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. § 6926. Authorized State hazardous waste pro- grams (a) Federal guidelines Not later than eighteen months after October 21, 1976, the Administrator, after consultation with State authorities, shall promulgate guide- lines to assist States in the Development of State hazardous waste programs. (b) Authorization of State program Any State which seeks to administer and en- force 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 submis- sion 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) 1 of this title) unless, Page 6955 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6926 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 equiva- lent to the Federal program under this sub- chapter, (2) such program is not consistent with the Federal or State programs applicable in other States, or (3) such program does not pro- vide adequate enforcement of compliance with the requirements of this subchapter. In author- izing a State program, the Administrator may base his findings on the Federal program in ef- fect one year prior to submission of a State’s ap- plication or in effect on January 26, 1983, which- ever is later. (c) Interim authorization (1) Any State which has in existence a haz- ardous waste program pursuant to State law be- fore the date ninety days after the date of pro- mulgation of regulations under sections 6922, 6923, 6924, and 6925 of this title, may submit to the Administrator evidence of such existing pro- gram and may request a temporary authoriza- tion to carry out such program under this sub- chapter. The Administrator shall, if the evi- dence submitted shows the existing State pro- gram to be substantially equivalent to the Fed- eral program under this subchapter, grant an in- terim 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 authoriza- tion 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 administra- tion 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 in- terim or final authorization, the Administrator shall have the authority in such State to issue or deny permits or those portions of permits af- fected by the requirements and prohibitions es- tablished 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 haz- ardous waste program authorized under this sec- tion shall have the same force and effect as ac- tion taken by the Administrator under this sub- chapter. (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 ap- propriate 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 pub- lic 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 sub- chapter pursuant to the amendments made by the Hazardous and Solid Waste Amendments of 1984 shall take effect in each State having an in- terim 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 au- thorized (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 Adminis- trator evidence that such existing program con- tains (or has been amended to include) any re- quirement 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 Ad- ministrator 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 Ad- ministrator 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, the provisions of this section re- garding State programs shall apply in the same manner and to the same extent as such provi- sions apply to hazardous waste identified or list- ed under this subchapter. (Pub. L. 89–272, title II, § 3006, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2809; amended Pub. L. 95–609, § 7(i), Nov. 8, 1978, 92 Stat. 3082; Page 6956 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6927 Pub. L. 98–616, title II, §§ 225, 226(a), 227, 228, 241(b)(2), Nov. 8, 1984, 98 Stat. 3254, 3255, 3260; Pub. L. 99–499, title II, § 205(j), Oct. 17, 1986, 100 Stat. 1703.) Editorial Notes REFERENCES IN TEXT Section 6935(d)(1) of this title, referred to in subsec. (b), was in the original a reference to section 3012(d)(1) of Pub. L. 89–272, which was renumbered section 3014(d)(1) of Pub. L. 89–272 by Pub. L. 98–616 and is clas- sified to section 6935(d)(1) of this title. The Hazardous and Solid Waste Amendments of 1984, referred to in subsecs. (c)(3), (4) and (g), is Pub. L. 98–616, Nov. 8, 1984, 98 Stat. 3221, which amended this chapter. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 6901 of this title and Tables. AMENDMENTS 1986—Subsec. (h). Pub. L. 99–499 added subsec. (h). 1984—Subsec. (b). Pub. L. 98–616, §§ 225, 241(b)(2), in- serted ‘‘(and to enforce permits deemed to have been issued under section 6935(d)(1) of this title)’’, and in- serted provision at end that in authorizing a State pro- gram, 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. Subsec. (c)(1). Pub. L. 98–616, § 227(1), (2), designated existing provisions as par. (1) and substituted ‘‘period ending no later than January 31, 1986’’ for ‘‘twenty-four month period beginning on the date six months after the date of promulgation of regulations under sections 6922 through 6925 of this title’’. Subsec. (c)(2) to (4). Pub. L. 98–616, § 227(3), added pars. (2) to (4). Subsec. (f). Pub. L. 98–616, § 226(a), added subsec. (f). Subsec. (g). Pub. L. 98–616, § 228, added subsec. (g). 1978—Subsec. (c). Pub. L. 95–609 substituted ‘‘of’’ for ‘‘required for’’ wherever appearing and ‘‘may submit’’ for ‘‘submit’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–616, title II, § 226(b), Nov. 8, 1984, 98 Stat. 3254, provided that: ‘‘The amendment made by sub- section (a) [enacting subsec. (f) of this section] shall apply with respect to State programs authorized under section 3006 [this section] before, on, or after the date of enactment of the Hazardous and Solid Waste Amend- ments of 1984 [Nov. 8, 1984].’’ Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas 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. § 6927. Inspections (a) Access entry For purposes of developing or assisting in the development of any regulation or enforcing the provisions of this chapter, any person who gen- erates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous wastes shall, upon request of any officer, em- ployee or representative of the Environmental Protection Agency, duly designated by the Ad- ministrator, or upon request of any duly des- ignated officer, employee or representative of a State having an authorized hazardous waste pro- gram, 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 de- veloping or assisting in the development of any regulation or enforcing the provisions of this chapter, such officers, employees or representa- tives are authorized— (1) to enter at reasonable times any estab- lishment or other place where hazardous wastes are or have been generated, stored, treated, disposed of, or transported from; (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 of- ficer, 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 (in- cluding records, reports, or information ob- tained by representatives of the Environmental Protection Agency) obtained from any person under this section shall be available to the pub- lic, except that upon a showing satisfactory to the Administrator (or the State, as the case may be) by any person that records, reports, or infor- mation, or particular part thereof, to which the Administrator (or the State, as the case may be) or any officer, employee or representative there- of has access under this section if made public, would divulge information entitled to protection under section 1905 of title 18, 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 rep- resentatives of the United States concerned with carrying out this chapter, or when relevant in any proceeding under this chapter. (2) Any person not subject to the provisions of section 1905 of title 18 who knowingly and will- fully divulges or discloses any information enti- tled 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 chapter, a person required to provide such data may— (A) designate the data which such person be- lieves is entitled to protection under this sub- section, and (B) submit such designated data separately from other data submitted under this chapter. A designation under this paragraph shall be made in writing and in such manner as the Ad- ministrator may prescribe.