42 U.S.C. § 6992f — Relationship to State law

Page 7043 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6992i 1 So in original. Probably should be ‘‘under section’’. 1 See References in Text note below. granted during the preceding calendar year, to- gether with his reason for granting each such exemption. (b) ‘‘Person’’ defined For purposes of this chapter, the term ‘‘per- son’’ shall be treated as including each depart- ment, agency, and instrumentality of the United States. (Pub. L. 89–272, title II, § 11006, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2954.) Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (a) of this section requiring the President to report annually to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 10th item on page 20 of House Document No. 103–7. § 6992f. Relationship to State law (a) State inspections and enforcement A State may conduct inspections under 1 6992c of this title and take enforcement actions under section 6992d of this title against any person, in- cluding any person who has imported medical waste into a State in violation of the require- ments of, or regulations under, this subchapter, to the same extent as the Administrator. At the time a State initiates an enforcement action under section 6992d of this title against any per- son, the State shall notify the Administrator in writing. (b) Retention of State authority Nothing in this subchapter shall— (1) preempt any State or local law; or (2) except as provided in subsection (c), oth- erwise affect any State or local law or the au- thority of any State or local government to adopt or enforce any State or local law. (c) State forms Any State or local law which requires submis- sion of a tracking form from any person subject to this subchapter shall require that the form be identical in content and format to the form re- quired under section 6992b of this title, except that a State may require the submission of other tracking information which is supple- mental to the information required on the form required under section 6992b of this title through additional sheets or such other means as the State deems appropriate. (Pub. L. 89–272, title II, § 11007, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2955.) § 6992g. Repealed. Pub. L. 105–362, title V, § 501(h)(1)(A), Nov. 10, 1998, 112 Stat. 3284 Section, Pub. L. 89–272, title II, § 11008, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2956, related to Administrator’s report to Congress concerning dem- onstration medical waste tracking program. § 6992h. Health impacts report Within 24 months after November 1, 1988, the Administrator of the Agency for Toxic Sub- stances and Disease Registry shall prepare for Congress a report on the health effects of med- ical waste, including each of the following— (1) A description of the potential for infec- tion or injury from the segregation, handling, storage, treatment, or disposal of medical wastes. (2) An estimate of the number of people in- jured or infected annually by sharps, and the nature and seriousness of those injuries or in- fections. (3) An estimate of the number of people in- fected annually by other means related to waste segregation, handling, storage, treat- ment, or disposal, and the nature and serious- ness of those infections. (4) For diseases possibly spread by medical waste, including Acquired Immune Deficiency Syndrome and hepatitis B, an estimate of what percentage of the total number of cases nationally may be traceable to medical wastes. (Pub. L. 89–272, title II, § 11008, formerly § 11009, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2957; renumbered § 11008, Pub. L. 105–362, title V, § 501(h)(1)(B), Nov. 10, 1998, 112 Stat. 3284.) Editorial Notes PRIOR PROVISIONS A prior section 11008 of Pub. L. 89–272 was classified to section 6992g of this title prior to repeal by Pub. L. 105–362, § 501(h)(1)(A). § 6992i. General provisions (a) Consultation (1) In promulgating regulations under this subchapter, the Administrator shall consult with the affected States and may consult with other interested parties. (2) The Administrator shall also consult with the International Joint Commission to deter- mine how to monitor the disposal of medical waste emanating from Canada. (b) Public comment In the case of the regulations required by this subchapter to be promulgated within 9 months after November 1, 1988, the Administrator may promulgate such regulations in interim final form without prior opportunity for public com- ment, but the Administrator shall provide an opportunity for public comment on the interim final rule. The promulgation of such regulations shall not be subject to the Paperwork Reduction Act of 1980.1 (c) Relationship to subchapter III Nothing in this subchapter shall affect the au- thority of the Administrator to regulate med- ical waste, including medical waste listed under section 6992a of this title, under subchapter III of this chapter. (Pub. L. 89–272, title II, § 11009, formerly § 11010, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2957; renumbered § 11009, Pub. L. 105–362, title V, § 501(h)(1)(B), Nov. 10, 1998, 112 Stat. 3284.)