42 U.S.C. § 6933 — Hazardous waste site inventory

Page 6962 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6931 1 So in original. Probably should be followed by a comma. (b) Effective date of regulation The regulations under this subchapter respect- ing requirements applicable to the generation, transportation, treatment, storage, or disposal of hazardous waste (including requirements re- specting permits for such treatment, storage, or disposal) shall take effect on the date six months after the date of promulgation thereof (or six months after the date of revision in the case of any regulation which is revised after the date required for promulgation thereof). At the time a regulation is promulgated, the Adminis- trator may provide for a shorter period prior to the effective date, or an immediate effective date for: (1) a regulation with which the Adminis- trator finds the regulated community does not need six months to come into compliance; (2) a regulation which responds to an emer- gency situation; or (3) other good cause found and published with the regulation. (Pub. L. 89–272, title II, § 3010, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2812; amended Pub. L. 96–482, § 15, Oct. 21, 1980, 94 Stat. 2342; Pub. L. 98–616, title II, §§ 204(a), 234, Nov. 8, 1984, 98 Stat. 3235, 3258.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–616, § 204(a), inserted pro- visions after first sentence relating to burning and blending of hazardous wastes and substituted ‘‘the pre- ceding provisions’’ for ‘‘the preceding sentence’’ in three places. Subsec. (b). Pub. L. 98–616, § 234, inserted provision that at the time a regulation is promulgated, the Ad- ministrator may provide for a shorter period prior to the effective date, or an immediate effective date for a regulation with which the Administrator finds the reg- ulated community does not need six months to come into compliance, a regulation which responds to an emergency situation, or other good cause found and published with the regulation. 1980—Subsec. (a). Pub. L. 96–482 struck out ‘‘or revi- sion’’ after ‘‘after promulgation or revision of regula- tions’’ and inserted provision for filing of notification when revising any regulation identifying additional characteristics of hazardous waste or listing any addi- tional substance as hazardous waste subject to this subchapter. 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. § 6931. Authorization of assistance to States (a) Authorization of appropriations There is authorized to be appropriated $25,000,000 for each of the fiscal years 1978 and 1979 1 $20,000,000 for fiscal year 1980, $35,000,000 for fiscal year 1981, $40,000,000 for the fiscal year 1982, $55,000,000 for the fiscal year 1985, $60,000,000 for the fiscal year 1986, $60,000,000 for the fiscal year 1987, and $60,000,000 for the fiscal year 1988 to be used to make grants to the States for pur- poses of assisting the States in the development and implementation of authorized State haz- ardous waste programs. (b) Allocation Amounts authorized to be appropriated under subsection (a) shall be allocated among the States on the basis of regulations promulgated by the Administrator, after consultation with the States, which take into account, the extent to which hazardous waste is generated, trans- ported, treated, stored, and disposed of within such State, the extent of exposure of human beings and the environment within such State to such waste, and such other factors as the Ad- ministrator deems appropriate. (c) Activities included State hazardous waste programs for which grants may be made under subsection (a) may include (but shall not be limited to) planning for hazardous waste treatment, storage and disposal facilities, and the development and execution of programs to protect health and the environment from inactive facilities which may contain haz- ardous waste. (Pub. L. 89–272, title II, § 3011, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2812; amended Pub. L. 96–482, §§ 16, 31(b), Oct. 21, 1980, 94 Stat. 2342, 2352; Pub. L. 98–616, § 2(b), Nov. 8, 1984, 98 Stat. 3222.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–616 substituted ‘‘$40,000,000 for fiscal year 1982, $55,000,000 for fiscal year 1985, $60,000,000 for fiscal year 1986, $60,000,000 for fiscal year 1987, and $60,000,000 for fiscal year 1988’’ for ‘‘and $40,000,000 for fiscal year 1982’’. 1980—Subsec. (a). Pub. L. 96–482, § 31(b), authorized ap- propriation of $20,000,000, $35,000,000, and $40,000,000 for fiscal years 1980, 1981, and 1982, respectively. Subsec. (c). Pub. L. 96–482, § 16, added subsec. (c). 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. § 6932. Transferred Editorial Notes CODIFICATION Section, Pub. L. 89–272, title II, § 3012, as added Pub. L. 96–463, § 7(a), Oct. 15, 1980, 94 Stat. 2057, was redesig- nated section 3014 of Pub. L. 89–272 by Pub. L. 98–616, title V, § 502(g)(1), Nov. 8, 1984, 98 Stat. 3277, and was transferred to section 6935 of this title. § 6933. Hazardous waste site inventory (a) State inventory programs Each State shall, as expeditiously as prac- ticable, undertake a continuing program to Page 6963 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6934 compile, publish, and submit to the Adminis- trator an inventory describing the location of each site within such State at which hazardous waste has at any time been stored or disposed of. Such inventory shall contain— (1) a description of the location of the sites at which any such storage or disposal has taken place before the date on which permits are required under section 6925 of this title for such storage or disposal; (2) such information relating to the amount, nature, and toxicity of the hazardous waste at each such site as may be practicable to obtain and as may be necessary to determine the ex- tent of any health hazard which may be asso- ciated with such site; (3) the name and address, or corporate head- quarters of, the owner of each such site, deter- mined as of the date of preparation of the in- ventory; (4) an identification of the types or tech- niques of waste treatment or disposal which have been used at each such site; and (5) information concerning the current sta- tus of the site, including information respect- ing whether or not hazardous waste is cur- rently being treated or disposed of at such site (and if not, the date on which such activity ceased) and information respecting the nature of any other activity currently carried out at such site. For purposes of assisting the States in com- piling information under this section, the Ad- ministrator shall make available to each State undertaking a program under this section such information as is available to him concerning the items specified in paragraphs (1) through (5) with respect to the sites within such State, in- cluding such information as the Administrator is able to obtain from other agencies or depart- ments of the United States and from surveys and studies carried out by any committee or subcommittee of the Congress. Any State may exercise the authority of section 6927 of this title for purposes of this section in the same manner and to the same extent as provided in such section in the case of States having an au- thorized hazardous waste program, and any State may by order require any person to sub- mit such information as may be necessary to compile the data referred to in paragraphs (1) through (5). (b) Environmental Protection Agency program If the Administrator determines that any State program under subsection (a) is not ade- quately providing information respecting the sites in such State referred to in subsection (a), the Administrator shall notify the State. If within ninety days following such notification, the State program has not been revised or amended in such manner as will adequately pro- vide such information, the Administrator shall carry out the inventory program in such State. In any such case— (1) the Administrator shall have the authori- ties provided with respect to State programs under subsection (a); (2) the funds allocated under subsection (c) for grants to States under this section may be used by the Administrator for carrying out such program in such State; and (3) no further expenditure may be made for grants to such State under this section until such time as the Administrator determines that such State is carrying out, or will carry out, an inventory program which meets the re- quirements of this section. (c) Grants (1) Upon receipt of an application submitted by any State to carry out a program under this section, the Administrator may make grants to the States for purposes of carrying out such a program. Grants under this section shall be allo- cated among the several States by the Adminis- trator based upon such regulations as he pre- scribes to carry out the purposes of this section. The Administrator may make grants to any State which has conducted an inventory pro- gram which effectively carried out the purposes of this section before October 21, 1980, to reim- burse such State for all, or any portion of, the costs incurred by such State in conducting such program. (2) There are authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 1985 through 1988. (d) No impediment to immediate remedial action Nothing in this section shall be construed to provide that the Administrator or any State should, pending completion of the inventory re- quired under this section, postpone undertaking any enforcement or remedial action with respect to any site at which hazardous waste has been treated, stored, or disposed of. (Pub. L. 89–272, title II, § 3012, as added Pub. L. 96–482, § 17(a), Oct. 21, 1980, 94 Stat. 2342; amended Pub. L. 98–616, § 2(c), Nov. 8, 1984, 98 Stat. 3222.) Editorial Notes CODIFICATION Another section 3012 of Pub. L. 89–272 as added by Pub. L. 96–463, § 7(a), Oct. 15, 1980, 94 Stat. 2057, was re- designated section 3014 of Pub. L. 89–272, and is classi- fied to section 6935 of this title. AMENDMENTS 1984—Subsec. (c)(2). Pub. L. 98–616 substituted ‘‘$25,000,000 for each of the fiscal years 1985 through 1988’’ for ‘‘$20,000,000’’. 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. § 6934. Monitoring, analysis, and testing (a) Authority of Administrator If the Administrator determines, upon receipt of any information, that— (1) the presence of any hazardous waste at a facility or site at which hazardous waste is, or has been, stored, treated, or disposed of, or (2) the release of any such waste from such facility or site