42 U.S.C. § 6934 — Monitoring, analysis, and testing

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 Page 6964 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6935 1 So in original. Probably should be ‘‘sections’’. may present a substantial hazard to human health or the environment, he may issue an order requiring the owner or operator of such fa- cility or site to conduct such monitoring, test- ing, analysis, and reporting with respect to such facility or site as the Administrator deems rea- sonable to ascertain the nature and extent of such hazard. (b) Previous owners and operators In the case of any facility or site not in oper- ation at the time a determination is made under subsection (a) with respect to the facility or site, if the Administrator finds that the owner of such facility or site could not reasonably be ex- pected to have actual knowledge of the presence of hazardous waste at such facility or site and of its potential for release, he may issue an order requiring the most recent previous owner or op- erator of such facility or site who could reason- ably be expected to have such actual knowledge to carry out the actions referred to in sub- section (a). (c) Proposal An order under subsection (a) or (b) shall re- quire the person to whom such order is issued to submit to the Administrator within 30 days from the issuance of such order a proposal for car- rying out the required monitoring, testing, anal- ysis, and reporting. The Administrator may, after providing such person with an opportunity to confer with the Administrator respecting such proposal, require such person to carry out such monitoring, testing, analysis, and report- ing in accordance with such proposal, and such modifications in such proposal as the Adminis- trator deems reasonable to ascertain the nature and extent of the hazard. (d) Monitoring, etc., carried out by Adminis- trator (1) If the Administrator determines that no owner or operator referred to in subsection (a) or (b) is able to conduct monitoring, testing, analysis, or reporting satisfactory to the Ad- ministrator, if the Administrator deems any such action carried out by an owner or operator to be unsatisfactory, or if the Administrator cannot initially determine that there is an owner or operator referred to in subsection (a) or (b) who is able to conduct such monitoring, testing, analysis, or reporting, he may— (A) conduct monitoring, testing, or analysis (or any combination thereof) which he deems reasonable to ascertain the nature and extent of the hazard associated with the site con- cerned, or (B) authorize a State or local authority or other person to carry out any such action, and require, by order, the owner or operator re- ferred to in subsection (a) or (b) to reimburse the Administrator or other authority or person for the costs of such activity. (2) No order may be issued under this sub- section requiring reimbursement of the costs of any action carried out by the Administrator which confirms the results of an order issued under subsection (a) or (b). (3) For purposes of carrying out this sub- section, the Administrator or any authority or other person authorized under paragraph (1), may exercise the authorities set forth in section 6927 of this title. (e) Enforcement The Administrator may commence a civil ac- tion against any person who fails or refuses to comply with any order issued under this section. Such action shall be brought in the United States district court in which the defendant is located, resides, or is doing business. Such court shall have jurisdiction to require compliance with such order and to assess a civil penalty of not to exceed $5,000 for each day during which such failure or refusal occurs. (Pub. L. 89–272, title II, § 3013, as added Pub. L. 96–482, § 17(a), Oct. 21, 1980, 94 Stat. 2344.) 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. § 6935. Restrictions on recycled oil (a) In general Not later than one year after October 15, 1980, the Administrator shall promulgate regulations establishing such performance standards and other requirements as may be necessary to pro- tect the public health and the environment from hazards associated with recycled oil. In devel- oping such regulations, the Administrator shall conduct an analysis of the economic impact of the regulations on the oil recycling industry. The Administrator shall ensure that such regu- lations do not discourage the recovery or recy- cling of used oil, consistent with the protection of human health and the environment. (b) Identification or listing of used oil as haz- ardous waste Not later than twelve months after November 8, 1984, the Administrator shall propose whether to list or identify used automobile and truck crankcase oil as hazardous waste under section 6921 of this title. Not later than twenty-four months after November 8, 1984, the Adminis- trator shall make a final determination whether to list or identify used automobile and truck crankcase oil and other used oil as hazardous wastes under section 6921 of this title. (c) Used oil which is recycled (1) With respect to generators and transporters of used oil identified or listed as a hazardous waste under section 6921 of this title, the stand- ards promulgated under section 1 6921(d), 6922, and 6923 of this title shall not apply to such used oil if such used oil is recycled. (2)(A) In the case of used oil which is exempt under paragraph (1), not later than twenty-four months after November 8, 1984, the Adminis- trator shall promulgate such standards under this subsection regarding the generation and