42 U.S.C. § 6925 — Permits for treatment, storage, or disposal

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 and conventional munitions. (Pub. L. 89–272, title II, § 3004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2807; amended Pub. L. 96–482, § 9, Oct. 21, 1980, 94 Stat. 2338; Pub. L. 98–616, title II, §§ 201(a), 202(a), 203, 204(b)(1), 205–209, Nov. 8, 1984, 98 Stat. 3226, 3233, 3234, 3236, 3238–3240; Pub. L. 102–386, title I, § 107, Oct. 6, 1992, 106 Stat. 1513; Pub. L. 104–119, §§ 2, 4(2)–(5), Mar. 26, 1996, 110 Stat. 830, 833.) Editorial Notes REFERENCES IN TEXT Section 6922(5) of this title, referred to in subsec. (a)(2), 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 Safe Drinking Water Act, referred to in subsec. (c)(3), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, which is classi- fied generally to subchapter XII (§ 300f et seq.) of chap- ter 6A of this title. For complete classification of this Act to the Code see Short Title note set out under sec- tion 201 of this title and Tables. Section 6979a of this title, referred to in subsec. (f)(4), was in the original a reference to section 7010 of Pub. L. 89–272, which was renumbered section 3020 of Pub. L. 89–272 by Pub. L. 99–339, title II, § 201(c), June 19, 1986, 100 Stat. 654, and transferred to section 6939b of this title. The Paperwork Reduction Act of 1980, referred to in subsec. (g)(3), is Pub. L. 96–511, Dec. 11, 1980, 94 Stat. 2812, which was classified principally to chapter 35 (§ 3501 et seq.) of Title 44, Public Printing and Docu- ments, prior to the general amendment of that chapter by Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 163. For complete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under sec- tion 101 of Title 44 and Tables. The Federal Bankruptcy Code, referred to in subsec. (t)(2), probably means a reference to Title 11, Bank- ruptcy. AMENDMENTS 1996—Subsec. (g)(5). Pub. L. 104–119, § 4(3), substituted ‘‘subparagraphs (A) through (C)’’ for ‘‘subparagraph (A) through (C)’’. Subsec. (g)(7) to (11). Pub. L. 104–119, § 2, added pars. (7) to (11). Subsec. (q)(1)(C). Pub. L. 104–119, § 4(2), inserted a semicolon at end of subpar. (C). Subsec. (r)(2)(C). Pub. L. 104–119, § 4(4), substituted ‘‘petroleum-derived’’ for ‘‘pertroleum-derived’’. Subsec. (r)(3). Pub. L. 104–119, § 4(5), inserted ‘‘Indus- trial’’ after ‘‘Standard’’. 1992—Subsec. (y). Pub. L. 102–386 added subsec. (y). 1984—Subsec. (a). Pub. L. 98–616, § 201(a), designated existing provisions as subsec. (a). Subsec. (a)(6). Pub. L. 98–616, § 208, inserted ‘‘(includ- ing financial responsibility for corrective action)’’. Subsecs. (b) to (n). Pub. L. 98–616, § 201(a), added sub- secs. (b) to (n). Subsec. (o). Pub. L. 98–616, § 202(a), added subsec. (o). Subsec. (p). Pub. L. 98–616, § 203, added subsec. (p). Subsecs. (q) to (s). Pub. L. 98–616, § 204(b)(1), added subsecs. (q) to (s). Subsec. (t). Pub. L. 98–616, § 205, added subsec. (t). Subsec. (u). Pub. L. 98–616, § 206, added subsec. (u). Subsecs. (v), (w). Pub. L. 98–616, § 207, added subsecs. (v) and (w). Subsec. (x). Pub. L. 98–616, § 209, added subsec. (x). 1980—Pub. L. 96–482 required standards regulations to reflect distinction in requirements appropriate for new facilities and for facilities in existence on date of pro- mulgation of the regulations. 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. § 6925. Permits for treatment, storage, or disposal of hazardous waste (a) Permit requirements Not later than eighteen months after October 21, 1976, the Administrator shall promulgate reg- ulations requiring each person owning or oper- ating an existing facility or planning to con- struct a new facility for the treatment, storage, or disposal of hazardous waste identified or list- ed 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 and upon and after such date the treatment, storage, or disposal of any such haz- ardous 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 con- struct a facility if such facility is constructed pursuant to an approval issued by the Adminis- trator under section 2605(e) of title 15 for the in- Page 6950 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6925 cineration 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 sec- tion shall contain such information as may be required under regulations promulgated by the Administrator, including information respect- ing— (1) estimates with respect to the composi- tion, quantities, and concentrations of any hazardous waste identified or listed under this subchapter, or combinations of any such haz- ardous waste and any other solid waste, pro- posed to be disposed of, treated, transported, or stored, and the time, frequency, or rate of which such waste is proposed to be disposed of, treated, transported, or stored; and (2) the site at which such hazardous waste or the products of treatment of such hazardous waste will be disposed of, treated, transported to, or stored. (c) Permit issuance (1) Upon a determination by the Administrator (or a State, if applicable), of compliance by a fa- cility for which a permit is applied for under this section with the requirements of this sec- tion and section 6924 of this title, the Adminis- trator (or the State) shall issue a permit for such facilities. In the event permit applicants propose modification of their facilities, or in the event the Administrator (or the State) deter- mines that modifications are necessary to con- form to the requirements under this section and section 6924 of this title, the permit shall specify the time allowed to complete the modifications. (2)(A)(i) Not later than the date four years after November 8, 1984, in the case of each appli- cation under this subsection for a permit for a land disposal facility which was submitted be- fore such date, the Administrator shall issue a final permit pursuant to such application or issue a final denial of such application. (ii) Not later than the date five years after No- vember 8, 1984, in the case of each application for a permit under this subsection for an incin- erator facility which was submitted before such date, the Administrator shall issue a final per- mit pursuant to such application or issue a final denial of such application. (B) Not later than the date eight years after November 8, 1984, in the case of each application for a permit under this subsection for any facil- ity (other than a facility referred to in subpara- graph (A)) which was submitted before such date, the Administrator shall issue a final per- mit pursuant to such application or issue a final denial of such application. (C) The time periods specified in this para- graph shall also apply in the case of any State which is administering an authorized hazardous waste program under section 6926 of this title. Interim status under subsection (e) shall termi- nate for each facility referred to in subpara- graph (A)(ii) or (B) on the expiration of the five- or eight-year period referred to in subparagraph (A) or (B), whichever is applicable, unless the owner or operator of the facility applies for a final determination regarding the issuance of a permit under this subsection within— (i) two years after November 8, 1984 (in the case of a facility referred to in subparagraph (A)(ii)), or (ii) four years after November 8, 1984 (in the case of a facility referred to in subparagraph (B)). (3) Any permit under this section shall be for a fixed term, not to exceed 10 years in the case of any land disposal facility, storage facility, or incinerator or other treatment facility. Each permit for a land disposal facility shall be re- viewed five years after date of issuance or reissuance and shall be modified as necessary to assure that the facility continues to comply with the currently applicable requirements of this section and section 6924 of this title. Noth- ing in this subsection shall preclude the Admin- istrator from reviewing and modifying a permit at any time during its term. Review of any ap- plication for a permit renewal shall consider im- provements in the state of control and measure- ment technology as well as changes in applica- ble regulations. Each permit issued under this section shall contain such terms and conditions as the Administrator (or the State) determines necessary to protect human health and the envi- ronment. (d) Permit revocation Upon a determination by the Administrator (or by a State, in the case of a State having an authorized hazardous waste program under sec- tion 6926 of this title) of noncompliance by a fa- cility having a permit under this chapter with the requirements of this section or section 6924 of this title, the Administrator (or State, in the case of a State having an authorized hazardous waste program under section 6926 of this title) shall revoke such permit. (e) Interim status (1) Any person who— (A) owns or operates a facility required to have a permit under this section which facil- ity— (i) was in existence on November 19, 1980, or (ii) is in existence on the effective date of statutory or regulatory changes under this chapter that render the facility subject to the requirement to have a permit under this section, (B) has complied with the requirements of section 6930(a) of this title, and (C) has made an application for a permit under this section, shall be treated as having been issued such per- mit until such time as final administrative dis- position of such application is made, unless the Administrator or other plaintiff proves that final administrative disposition of such applica- tion has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the ap- plication. This paragraph shall not apply to any facility which has been previously denied a per- Page 6951 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6925 1 So in original. Probably should be ‘‘responsibility’’. mit under this section or if authority to operate the facility under this section has been pre- viously terminated. (2) In the case of each land disposal facility which has been granted interim status under this subsection before November 8, 1984, interim status shall terminate on the date twelve months after November 8, 1984, unless the owner or operator of such facility— (A) applies for a final determination regard- ing the issuance of a permit under subsection (c) for such facility before the date twelve months after November 8, 1984; and (B) certifies that such facility is in compli- ance with all applicable groundwater moni- toring and financial responsibility require- ments. (3) In the case of each land disposal facility which is in existence on the effective date of statutory or regulatory changes under this chapter that render the facility subject to the requirement to have a permit under this section and which is granted interim status under this subsection, interim status shall terminate on the date twelve months after the date on which the facility first becomes subject to such permit requirement unless the owner or operator of such facility— (A) applies for a final determination regard- ing the issuance of a permit under subsection (c) for such facility before the date twelve months after the date on which the facility first becomes subject to such permit require- ment; and (B) certifies that such facility is in compli- ance with all applicable groundwater moni- toring and financial responsibility require- ments. (f) Coal mining wastes and reclamation permits Notwithstanding subsection (a) through (e) of this section, any surface coal mining and rec- lamation permit covering any coal mining wastes or overburden which has been issued or approved under the Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1201 et seq.] shall be deemed to be a permit issued pursuant to this section with respect to the treatment, storage, or disposal of such wastes or overbur- den. Regulations promulgated by the Adminis- trator under this subchapter shall not be appli- cable to treatment, storage, or disposal of coal mining wastes and overburden which are cov- ered by such a permit. (g) Research, development, and demonstration permits (1) The Administrator may issue a research, development, and demonstration permit for any hazardous waste treatment facility which pro- poses to utilize an innovative and experimental hazardous waste treatment technology or proc- ess for which permit standards for such experi- mental activity have not been promulgated under this subchapter. Any such permit shall in- clude such terms and conditions as will assure protection of human health and the environ- ment. Such permits— (A) shall provide for the construction of such facilities, as necessary, and for operation of the facility for not longer than one year (un- less renewed as provided in paragraph (4)), and (B) shall provide for the receipt and treat- ment by the facility of only those types and quantities of hazardous waste which the Ad- ministrator deems necessary for purposes of determining the efficacy and performance ca- pabilities of the technology or process and the effects of such technology or process on human health and the environment, and (C) shall include such requirements as the Administrator deems necessary to protect human health and the environment (including, but not limited to, requirements regarding monitoring, operation, insurance or bonding, financial reponsibility,1 closure, and remedial action), and such requirements as the Admin- istrator deems necessary regarding testing and providing of information to the Adminis- trator with respect to the operation of the fa- cility. The Administrator may apply the criteria set forth in this paragraph in establishing the con- ditions of each permit without separate estab- lishment of regulations implementing such cri- teria. (2) For the purpose of expediting review and issuance of permits under this subsection, the Administrator may, consistent with the protec- tion of human health and the environment, modify or waive permit application and permit issuance requirements established in the Admin- istrator’s general permit regulations except that there may be no modification or waiver of regu- lations regarding financial responsibility (in- cluding insurance) or of procedures established under section 6974(b)(2) of this title regarding public participation. (3) The Administrator may order an imme- diate termination of all operations at the facil- ity at any time he determines that termination is necessary to protect human health and the environment. (4) Any permit issued under this subsection may be renewed not more than three times. Each such renewal shall be for a period of not more than 1 year. (h) Waste minimization Effective September 1, 1985, it shall be a condi- tion of any permit issued under this section for the treatment, storage, or disposal of hazardous waste on the premises where such waste was generated that the permittee certify, no less often than annually, that— (1) the generator of the hazardous waste has a program in place to reduce the volume or quantity and toxicity of such waste to the de- gree determined by the generator to be eco- nomically practicable; and (2) the proposed method of treatment, stor- age, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment. (i) Interim status facilities receiving wastes after July 26, 1982 The standards concerning ground water moni- toring, unsaturated zone monitoring, and cor- rective action, which are applicable under sec- Page 6952 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6925 2 So in original. Probably should be ‘‘constituent’’. tion 6924 of this title to new landfills, surface impoundments, land treatment units, and waste-pile units required to be permitted under subsection (c) shall also apply to any landfill, surface impoundment, land treatment unit, or waste-pile unit qualifying for the authorization to operate under subsection (e) which receives hazardous waste after July 26, 1982. (j) Interim status surface impoundments (1) Except as provided in paragraph (2), (3), or (4), each surface impoundment in existence on November 8, 1984, and qualifying for the author- ization to operate under subsection (e) of this section shall not receive, store, or treat haz- ardous waste after the date four years after No- vember 8, 1984, unless such surface impoundment is in compliance with the requirements of sec- tion 6924(o)(1)(A) of this title which would apply to such impoundment if it were new. (2) Paragraph (1) of this subsection shall not apply to any surface impoundment which (A) has at least one liner, for which there is no evi- dence that such liner is leaking; (B) is located more than one-quarter mile from an under- ground source of drinking water; and (C) is in compliance with generally applicable ground water monitoring requirements for facilities with permits under subsection (c) of this sec- tion. (3) Paragraph (1) of this subsection shall not apply to any surface impoundment which (A) contains treated waste water during the sec- ondary or subsequent phases of an aggressive bi- ological treatment facility subject to a permit issued under section 1342 of title 33 (or which holds such treated waste water after treatment and prior to discharge); (B) is in compliance with generally applicable ground water moni- toring requirements for facilities with permits under subsection (c) of this section; and (C)(i) is part of a facility in compliance with section 1311(b)(2) of title 33, or (ii) in the case of a facil- ity for which no effluent guidelines required under section 1314(b)(2) of title 33 are in effect and no permit under section 1342(a)(1) of title 33 implementing section 1311(b)(2) of title 33 has been issued, is part of a facility in compliance with a permit under section 1342 of title 33, which is achieving significant degradation of toxic pollutants and hazardous constituents con- tained in the untreated waste stream and which has identified those toxic pollutants and haz- ardous constituents in the untreated waste stream to the appropriate permitting authority. (4) The Administrator (or the State, in the case of a State with an authorized program), after notice and opportunity for comment, may modify the requirements of paragraph (1) for any surface impoundment if the owner or oper- ator demonstrates that such surface impound- ment is located, designed and operated so as to assure that there will be no migration of any hazardous constitutent 2 into ground water or surface water at any future time. The Adminis- trator or the State shall take into account loca- tional criteria established under section 6924(o)(7) of this title. (5) The owner or operator of any surface im- poundment potentially subject to paragraph (1) who has reason to believe that on the basis of paragraph (2), (3), or (4) such surface impound- ment is not required to comply with the require- ments of paragraph (1), shall apply to the Ad- ministrator (or the State, in the case of a State with an authorized program) not later than twenty-four months after November 8, 1984, for a determination of the applicability of paragraph (1) (in the case of paragraph (2) or (3)) or for a modification of the requirements of paragraph (1) (in the case of paragraph (4)), with respect to such surface impoundment. Such owner or oper- ator shall provide, with such application, evi- dence pertinent to such decision, including: (A) an application for a final determination regarding the issuance of a permit under sub- section (c) of this section for such facility, if not previously submitted; (B) evidence as to compliance with all appli- cable ground water monitoring requirements and the information and analysis from such monitoring; (C) all reasonably ascertainable evidence as to whether such surface impoundment is leak- ing; and (D) in the case of applications under para- graph (2) or (3), a certification by a registered professional engineer with academic training and experience in ground water hydrology that— (i) under paragraph (2), the liner of such surface impoundment is designed, con- structed, and operated in accordance with applicable requirements, such surface im- poundment is more than one-quarter mile from an underground source of drinking water and there is no evidence such liner is leaking; or (ii) under paragraph (3), based on analysis of those toxic pollutants and hazardous con- stituents that are likely to be present in the untreated waste stream, such impoundment satisfies the conditions of paragraph (3). In the case of any surface impoundment for which the owner or operator fails to apply under this paragraph within the time provided by this paragraph or paragraph (6), such surface im- poundment shall comply with paragraph (1) not- withstanding paragraph (2), (3), or (4). Within twelve months after receipt of such application and evidence and not later than thirty-six months after November 8, 1984, and after notice and opportunity to comment, the Administrator (or, if appropriate, the State) shall advise such owner or operator on the applicability of para- graph (1) to such surface impoundment or as to whether and how the requirements of paragraph (1) shall be modified and applied to such surface impoundment. (6)(A) In any case in which a surface impound- ment becomes subject to paragraph (1) after No- vember 8, 1984, due to the promulgation of addi- tional listings or characteristics for the identi- fication of hazardous waste under section 6921 of this title, the period for compliance in para- graph (1) shall be four years after the date of such promulgation, the period for demonstra- tions under paragraph (4) and for submission of evidence under paragraph (5) shall be not later than twenty-four months after the date of such promulgation, and the period for the Adminis- Page 6953 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6925 trator (or if appropriate, the State) to advise such owners or operators under paragraph (5) shall be not later than thirty-six months after the date of promulgation. (B) In any case in which a surface impound- ment is initially determined to be excluded from the requirements of paragraph (1) but due to a change in condition (including the existence of a leak) no longer satisfies the provisions of para- graph (2), (3), or (4) and therefore becomes sub- ject to paragraph (1), the period for compliance in paragraph (1) shall be two years after the date of discovery of such change of condition, or in the case of a surface impoundment excluded under paragraph (3) three years after such date of discovery. (7)(A) The Administrator shall study and re- port to the Congress on the number, range of size, construction, likelihood of hazardous con- stituents migrating into ground water, and po- tential threat to human health and the environ- ment of existing surface impoundments excluded by paragraph (3) from the requirements of para- graph (1). Such report shall address the need, feasibility, and estimated costs of subjecting such existing surface impoundments to the re- quirements of paragraph (1). (B) In the case of any existing surface im- poundment or class of surface impoundments from which the Administrator (or the State, in the case of a State with an authorized program) determines hazardous constituents are likely to migrate into ground water, the Administrator (or if appropriate, the State) is authorized to impose such requirements as may be necessary to protect human health and the environment, including the requirements of section 6924(o) of this title which would apply to such impound- ments if they were new. (C) In the case of any surface impoundment excluded by paragraph (3) from the requirements of paragraph (1) which is subsequently deter- mined to be leaking, the Administrator (or, if appropriate, the State) shall require compliance with paragraph (1), unless the Administrator (or, if appropriate, the State) determines that such compliance is not necessary to protect human health and the environment. (8) In the case of any surface impoundment in which the liners and leak detection system have been installed pursuant to the requirements of paragraph (1) and in good faith compliance with section 6924(o) of this title and the Administra- tor’s regulations and guidance documents gov- erning liners and leak detection systems, no liner or leak detection system which is different from that which was so installed pursuant to paragraph (1) shall be required for such unit by the Administrator when issuing the first permit under this section to such facility. Nothing in this paragraph shall preclude the Administrator from requiring installation of a new liner when the Administrator has reason to believe that any liner installed pursuant to the requirements of this subsection is leaking. (9) In the case of any surface impoundment which has been excluded by paragraph (2) on the basis of a liner meeting the definition under paragraph (12)(A)(ii), at the closure of such im- poundment the Administrator shall require the owner or operator of such impoundment to re- move or decontaminate all waste residues, all contaminated liner material, and contaminated soil to the extent practicable. If all contami- nated soil is not removed or decontaminated, the owner or operator of such impoundment shall be required to comply with appropriate post-closure requirements, including but not limited to ground water monitoring and correc- tive action. (10) Any incremental cost attributable to the requirements of this subsection or section 6924(o) of this title shall not be considered by the Administrator (or the State, in the case of a State with an authorized program under section 1342 of title 33)— (A) in establishing effluent limitations and standards under section 1311, 1314, 1316, 1317, or 1342 of title 33 based on effluent limitations guidelines and standards promulgated any time before twelve months after November 8, 1984; or (B) in establishing any other effluent limita- tions to carry out the provisions of section 1311, 1317, or 1342 of title 33 on or before Octo- ber 1, 1986. (11)(A) If the Administrator allows a hazardous waste which is prohibited from one or more methods of land disposal under subsection (d), (e), or (g) of section 6924 of this title (or under regulations promulgated by the Administrator under such subsections) to be placed in a surface impoundment (which is operating pursuant to interim status) for storage or treatment, such impoundment shall meet the requirements that are applicable to new surface impoundments under section 6924(o)(1) of this title, unless such impoundment meets the requirements of para- graph (2) or (4). (B) In the case of any hazardous waste which is prohibited from one or more methods of land disposal under subsection (d), (e), or (g) of sec- tion 6924 of this title (or under regulations pro- mulgated by the Administrator under such sub- section) the placement or maintenance of such hazardous waste in a surface impoundment for treatment is prohibited as of the effective date of such prohibition unless the treatment resi- dues which are hazardous are, at a minimum, re- moved for subsequent management within one year of the entry of the waste into the surface impoundment. (12)(A) For the purposes of paragraph (2)(A) of this subsection, the term ‘‘liner’’ means— (i) a liner designed, constructed, installed, and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility; or (ii) a liner designed, constructed, installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent sub- surface soil, ground water, or surface water at any time during the active life of the facility. (B) For the purposes of this subsection, the term ‘‘aggressive biological treatment facility’’ means a system of surface impoundments in which the initial impoundment of the secondary treatment segment of the facility utilizes in- tense mechanical aeration to enhance biological activity to degrade waste water pollutants and (i) the hydraulic retention time in such ini- tial impoundment is no longer than 5 days 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,