42 U.S.C. § 6939d — Public vessels

Page 6971 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6939d the plan required under paragraph (1) to the appropriate State regulatory officials for their review and approval, modification, or dis- approval. In reviewing the plan, the State shall consider the need for regional treatment facilities. The State shall consult with the Ad- ministrator and any other State in which a fa- cility affected by the plan is located and con- sider public comments in making its deter- mination 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 sub- paragraph (A), the Secretary shall submit the plan required under paragraph (1) to the Ad- ministrator 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 Ad- ministrator 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, or the State shall issue an order under appropriate State author- ity, 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 Adminis- trator 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 pro- posed by the Secretary of Energy or required by the Administrator or a State, the provi- sions 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 lo- cated 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 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. (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 Environ- ment 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 com- pliance 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 Octo- ber 6, 1992. (Pub. L. 89–272, title II, § 3021, as added Pub. L. 102–386, title I, § 105(a)(1), Oct. 6, 1992, 106 Stat. 1508.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. GAO REPORT Pub. L. 102–386, title I, § 105(c), Oct. 6, 1992, 106 Stat. 1512, provided that not later than 18 months after Oct. 6, 1992, the Comptroller General would submit to Con- gress a report, containing certain specified data, on the Department of Energy’s progress in complying with subsec. (b) of this section. § 6939d. Public vessels (a) Waste generated on public vessels Any hazardous waste generated on a public vessel shall not be subject to the storage, mani- fest, inspection, or recordkeeping requirements of this chapter until such waste is transferred to a shore facility, unless— (1) the waste is stored on the public vessel for more than 90 days after the public vessel is Page 6972 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6939e 1 So in original. Probably should be singular. placed in reserve or is otherwise no longer in service; or (2) the waste is transferred to another public vessel within the territorial waters of the United States and is stored on such vessel or another public vessel for more than 90 days after the date of transfer. (b) Computation of storage period For purposes of subsection (a), the 90-day pe- riod begins on the earlier of— (1) the date on which the public vessel on which the waste was generated is placed in re- serve or is otherwise no longer in service; or (2) the date on which the waste is trans- ferred from the public vessel on which the waste was generated to another public vessel within the territorial waters of the United States; and continues, without interruption, as long as the waste is stored on the original public vessel (if in reserve or not in service) or another public vessel. (c) Definitions For purposes of this section: (1) The term ‘‘public vessel’’ means a vessel owned or bareboat chartered and operated by the United States, or by a foreign nation, ex- cept when the vessel is engaged in commerce. (2) The terms ‘‘in reserve’’ and ‘‘in service’’ have the meanings applicable to those terms under section 8663 and sections 8674 through 8678 of title 10 and regulations prescribed under those sections. (d) Relationship to other law Nothing in this section shall be construed as altering or otherwise affecting the provisions of section 8681 of title 10. (Pub. L. 89–272, title II, § 3022, as added Pub. L. 102–386, title I, § 106(a), Oct. 6, 1992, 106 Stat. 1513; amended Pub. L. 115–232, div. A, title VIII, § 809(n)(2), Aug. 13, 2018, 132 Stat. 1844.) Editorial Notes AMENDMENTS 2018—Subsec. (c)(2). Pub. L. 115–232, § 809(n)(2)(A), sub- stituted ‘‘section 8663 and sections 8674 through 8678 of title 10’’ for ‘‘section 7293 and sections 7304 through 7308 of title 10’’. Subsec. (d). Pub. L. 115–232, § 809(n)(2)(B), substituted ‘‘section 8681 of title 10’’ for ‘‘section 7311 of title 10’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. § 6939e. Federally owned treatment works (a) In general For purposes of section 6903(27) of this title, the phrase ‘‘but does not include solid or dis- solved material in domestic sewage’’ shall apply to any solid or dissolved material introduced by a source into a federally owned treatment works if— (1) such solid or dissolved material is subject to a pretreatment standard under section 1317 of title 33, and the source is in compliance with such standard; (2) for a solid or dissolved material for which a pretreatment standard has not been promul- gated pursuant to section 1317 of title 33, the Administrator has promulgated a schedule for establishing such a pretreatment standard which would be applicable to such solid or dis- solved material not later than 7 years after October 6, 1992, such standard is promulgated on or before the date established in the sched- ule, and after the effective date of such stand- ard the source is in compliance with such standard; (3) such solid or dissolved material is not covered by paragraph (1) or (2) and is not pro- hibited from land disposal under subsections 1 (d), (e), (f), or (g) of section 6924 of this title because such material has been treated in ac- cordance with section 6924(m) of this title; or (4) notwithstanding paragraphs 1 (1), (2), or (3), such solid or dissolved material is gen- erated by a household or person which gen- erates less than 100 kilograms of hazardous waste per month unless such solid or dissolved material would otherwise be an acutely haz- ardous waste and subject to standards, regula- tions, or other requirements under this chap- ter notwithstanding the quantity generated. (b) Prohibition It is unlawful to introduce into a federally owned treatment works any pollutant that is a hazardous waste. (c) Enforcement (1) Actions taken to enforce this section shall not require closure of a treatment works if the hazardous waste is removed or decontaminated and such removal or decontamination is ade- quate, in the discretion of the Administrator or, in the case of an authorized State, of the State, to protect human health and the environment. (2) Nothing in this subsection shall be con- strued to prevent the Administrator or an au- thorized State from ordering the closure of a treatment works if the Administrator or State determines such closure is necessary for protec- tion of human health and the environment. (3) Nothing in this subsection shall be con- strued to affect any other enforcement authori- ties available to the Administrator or a State under this subchapter. (d) ‘‘Federally owned treatment works’’ defined For purposes of this section, the term ‘‘feder- ally owned treatment works’’ means a facility that is owned and operated by a department, agency, or instrumentality of the Federal Gov- ernment treating wastewater, a majority of which is domestic sewage, prior to discharge in accordance with a permit issued under section 1342 of title 33. (e) Savings clause Nothing in this section shall be construed as affecting any agreement, permit, or administra- tive or judicial order, or any condition or re-