42 U.S.C. § 6938 — Export of hazardous wastes

Page 6966 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6937 1 So in original. Probably should be followed by a dash. (2) The owner or operator of each unit referred to in paragraph (1) shall notify the Adminis- trator (or the State, if appropriate) at least sixty days prior to receiving waste. The Admin- istrator (or the State) shall require the filing, within six months of receipt of such notice, of an application for a final determination regard- ing the issuance of a permit for each facility submitting such notice. (3) In the case of any unit in which the liner and leachate collection system has been in- stalled pursuant to the requirements of this sec- tion and in good faith compliance with the Ad- ministrator’s regulations and guidance docu- ments governing liners and leachate collection systems, no liner or leachate collection system which is different from that which was so in- stalled pursuant to this section shall be required for such unit by the Administrator when issuing the first permit under section 6925 of this title to such facility, except that the Administrator shall not be precluded from requiring installa- tion of a new liner when the Administrator has reason to believe that any liner installed pursu- ant to the requirements of this section is leak- ing. The Administrator may, under section 6924 of this title, amend the requirements for liners and leachate collection systems required under this section as may be necessary to provide ad- ditional protection for human health and the en- vironment. (Pub. L. 89–272, title II, § 3015, as added Pub. L. 98–616, title II, § 243(a), Nov. 8, 1984, 98 Stat. 3260.) § 6937. Inventory of Federal agency hazardous waste facilities (a) Program requirement; submission; avail- ability; contents Each Federal agency shall undertake a con- tinuing program to compile, publish, and submit to the Administrator (and to the State in the case of sites in States having an authorized haz- ardous waste program) an inventory of each site which the Federal agency owns or operates or has owned or operated at which hazardous waste is stored, treated, or disposed of or has been dis- posed of at any time. The inventory shall be submitted every two years beginning January 31, 1986. Such inventory shall be available to the public as provided in section 6927(b) of this title. Information previously submitted by a Federal agency under section 9603 of this title, or under section 6925 or 6930 of this title, or under this section need not be resubmitted except that the agency shall update any previous submission to reflect the latest available data and informa- tion. The inventory shall include each of the fol- lowing: (1) A description of the location of each site at which any such treatment, storage, or dis- posal has taken place before the date on which permits are required under section 6925 of this title for such storage, treatment, or disposal, and where hazardous waste has been disposed, a description of hydrogeology of the site and the location of withdrawal wells and surface water within one mile of the site. (2) Such information relating to the amount, nature, and toxicity of the hazardous waste in each site as may be necessary to determine the extent of any health hazard which may be associated with any site. (3) Information on the known nature and ex- tent of environmental contamination at each site, including a description of the monitoring data obtained. (4) Information concerning the current sta- tus of the site, including information respect- ing whether or not hazardous waste is cur- rently being treated, stored, 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 car- ried out at such site. (5) A list of sites at which hazardous waste has been disposed and environmental moni- toring data has not been obtained, and the rea- sons for the lack of monitoring data at each site. (6) A description of response actions under- taken or contemplated at contaminated sites. (7) An identification of the types of tech- niques of waste treatment, storage, or disposal which have been used at each site. (8) The name and address and responsible Federal agency for each site, determined as of the date of preparation of the inventory. (b) Environmental Protection Agency program If the Administrator determines that any Fed- eral agency under subsection (a) is not ade- quately providing information respecting the sites referred to in subsection (a), the Adminis- trator shall notify the chief official of such agency. If within ninety days following such no- tification, the Federal agency has not under- taken a program to adequately provide such in- formation, the Administrator shall carry out the inventory program for such agency. (Pub. L. 89–272, title II, § 3016, as added Pub. L. 98–616, title II, § 244, Nov. 8, 1984, 98 Stat. 3261.) § 6938. Export of hazardous wastes (a) In general Beginning twenty-four months after November 8, 1984, no person shall export any hazardous waste identified or listed under this subchapter unless 1 (1)(A) such person has provided the notifica- tion required in subsection (c) of this section, (B) the government of the receiving country has consented to accept such hazardous waste, (C) a copy of the receiving country’s written consent is attached to the manifest accom- panying each waste shipment, and (D) the shipment conforms with the terms of the consent of the government of the receiving country required pursuant to subsection (e), or (2) the United States and the government of the receiving country have entered into an agreement as provided for in subsection (f) and the shipment conforms with the terms of such agreement. (b) Regulations Not later than twelve months after November 8, 1984, the Administrator shall promulgate the regulations necessary to implement this section. Page 6967 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6939 Such regulations shall become effective one hundred and eighty days after promulgation. (c) Notification Any person who intends to export a hazardous waste identified or listed under this subchapter beginning twelve months after November 8, 1984, shall, before such hazardous waste is scheduled to leave the United States, provide notification to the Administrator. Such notification shall contain the following information: (1) the name and address of the exporter; (2) the types and estimated quantities of hazardous waste to be exported; (3) the estimated frequency or rate at which such waste is to be exported; and the period of time over which such waste is to be exported; (4) the ports of entry; (5) a description of the manner in which such hazardous waste will be transported to and treated, stored, or disposed in the receiving country; and (6) the name and address of the ultimate treatment, storage or disposal facility. (d) Procedures for requesting consent of receiv- ing country Within thirty days of the Administrator’s re- ceipt of a complete notification under this sec- tion, the Secretary of State, acting on behalf of the Administrator, shall— (1) forward a copy of the notification to the government of the receiving country; (2) advise the government that United States law prohibits the export of hazardous waste unless the receiving country consents to ac- cept the hazardous waste; (3) request the government to provide the Secretary with a written consent or objection to the terms of the notification; and (4) forward to the government of the receiv- ing country a description of the Federal regu- lations which would apply to the treatment, storage, and disposal of the hazardous waste in the United States. (e) Conveyance of written consent to exporter Within thirty days of receipt by the Secretary of State of the receiving country’s written con- sent or objection (or any subsequent commu- nication withdrawing a prior consent or objec- tion), the Administrator shall forward such a consent, objection, or other communication to the exporter. (f) International agreements Where there exists an international agreement between the United States and the government of the receiving country establishing notice, ex- port, and enforcement procedures for the trans- portation, treatment, storage, and disposal of hazardous wastes, only the requirements of sub- sections (a)(2) and (g) shall apply. (g) Reports After November 8, 1984, any person who ex- ports any hazardous waste identified or listed under section 6921 of this title shall file with the Administrator no later than March 1 of each year, a report summarizing the types, quan- tities, frequency, and ultimate destination of all such hazardous waste exported during the pre- vious calendar year. (h) Other standards Nothing in this section shall preclude the Ad- ministrator from establishing other standards for the export of hazardous wastes under section 6922 of this title or section 6923 of this title. (Pub. L. 89–272, title II, § 3017, as added Pub. L. 98–616, title II, § 245(a), Nov. 8, 1984, 98 Stat. 3262.) § 6939. Domestic sewage (a) Report The Administrator shall, not later than 15 months after November 8, 1984, submit a report to the Congress concerning those substances identified or listed under section 6921 of this title which are not regulated under this sub- chapter by reason of the exclusion for mixtures of domestic sewage and other wastes that pass through a sewer system to a publicly owned treatment works. Such report shall include the types, size and number of generators which dis- pose of such substances in this manner, the types and quantities disposed of in this manner, and the identification of significant generators, wastes, and waste constituents not regulated under existing Federal law or regulated in a manner sufficient to protect human health and the environment. (b) Revisions of regulations Within eighteen months after submitting the report specified in subsection (a), the Adminis- trator shall revise existing regulations and pro- mulgate such additional regulations pursuant to this subchapter (or any other authority of the Administrator, including section 1317 of title 33) as are necessary to assure that substances iden- tified or listed under section 6921 of this title which pass through a sewer system to a publicly owned treatment works are adequately con- trolled to protect human health and the envi- ronment. (c) Report on wastewater lagoons The Administrator shall, within thirty-six months after November 8, 1984, submit a report to Congress concerning wastewater lagoons at publicly owned treatment works and their effect on groundwater quality. Such report shall in- clude— (1) the number and size of such lagoons; (2) the types and quantities of waste con- tained in such lagoons; (3) the extent to which such waste has been or may be released from such lagoons and con- taminate ground water; and (4) available alternatives for preventing or controlling such releases. The Administrator may utilize the authority of sections 6927 and 6934 of this title for the pur- pose of completing such report. (d) Application of sections 6927 and 6930 The provisions of sections 6927 and 6930 of this title shall apply to solid or dissolved materials in domestic sewage to the same extent and in the same manner as such provisions apply to hazardous waste. (Pub. L. 89–272, title II, § 3018, as added Pub. L. 98–616, title II, § 246(a), Nov. 8, 1984, 98 Stat. 3264.)