42 U.S.C. § 6992i — General provisions

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 Repealed.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.) Page 7044 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6992j Editorial Notes REFERENCES IN TEXT The Paperwork Reduction Act of 1980, referred to in subsec. (b), 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 Documents, prior to the general amendment of that chapter by Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 163. For complete clas- sification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 101 of Title 44 and Tables. PRIOR PROVISIONS A prior section 11009 of Pub. L. 89–272 was renumbered section 11008 and is classified to section 6992h of this title. § 6992j. Effective date The regulations promulgated under this sub- chapter shall take effect within 90 days after promulgation, except that, at the time of pro- mulgation, the Administrator may provide for a shorter period prior to the effective date if he finds the regulated community does not need 90 days to come into compliance. (Pub. L. 89–272, title II, § 11010, formerly § 11011, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2958; renumbered § 11010, Pub. L. 105–362, title V, § 501(h)(1)(B), Nov. 10, 1998, 112 Stat. 3284.) Editorial Notes PRIOR PROVISIONS A prior section 11010 of Pub. L. 89–272 was renumbered section 11009 and is classified to section 6992i of this title. § 6992k. Authorization of appropriations There are authorized to be appropriated to the Administrator such sums as may be necessary for each of the fiscal years 1989 through 1991 for purposes of carrying out activities under this subchapter. (Pub. L. 89–272, title II, § 11011, formerly § 11012, as added Pub. L. 100–582, § 2(a), Nov. 1, 1988, 102 Stat. 2958; renumbered § 11011, Pub. L. 105–362, title V, § 501(h)(1)(B), Nov. 10, 1998, 112 Stat. 3284.) Editorial Notes PRIOR PROVISIONS A prior section 11011 of Pub. L. 89–272 was renumbered section 11010 and is classified to section 6992j of this title. CHAPTER 83—ENERGY EXTENSION SERVICE §§ 7001 to 7011. Repealed. Pub. L. 102–486, title I, § 143(a), Oct. 24, 1992, 106 Stat. 2843 Section 7001, Pub. L. 95–39, title V, § 502, June 3, 1977, 91 Stat. 191, related to congressional declaration and statement of purposes. Section 7002, Pub. L. 95–39, title V, § 503, June 3, 1977, 91 Stat. 192, provided for establishment of Energy Ex- tension Service. Section 7003, Pub. L. 95–39, title V, § 504, June 3, 1977, 91 Stat. 192, provided for development and implementa- tion of comprehensive program. Section 7004, Pub. L. 95–39, title V, § 505, June 3, 1977, 91 Stat. 193, provided for initial implementation of State energy extension service plans. Section 7005, Pub. L. 95–39, title V, § 506, June 3, 1977, 91 Stat. 195, provided for national implementation of State energy extension service plans. Section 7006, Pub. L. 95–39, title V, § 507, June 3, 1977, 91 Stat. 198, related to administration of Energy Exten- sion Service. Section 7007, Pub. L. 95–39, title V, § 508, June 3, 1977, 91 Stat. 199, related to energy education, extension, and information. Section 7008, Pub. L. 95–39, title V, § 509, June 3, 1977, 91 Stat. 199, provided for establishment of National En- ergy Extension Service Advisory Board. Section 7009, Pub. L. 95–39, title V, § 511, June 3, 1977, 91 Stat. 201, related to records. Section 7010, Pub. L. 95–39, title V, § 512, June 3, 1977, 91 Stat. 201, related to authorization of appropriations. Section 7011, Pub. L. 95–39, title V, § 513, June 3, 1977, 91 Stat. 202, set out definitions. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 95–39, title V, § 501, June 3, 1977, 91 Stat. 191, which provided that this title, which enacted this chap- ter and amended sections 5813 and 5818 of this title, could be cited as the ‘‘National Energy Extension Serv- ice Act’’, was repealed by Pub. L. 102–486, title I, § 143(a), Oct. 24, 1992, 106 Stat. 2843. CHAPTER 84—DEPARTMENT OF ENERGY Sec. 7101. Definitions. SUBCHAPTER I—DECLARATION OF FINDINGS AND PURPOSES 7111. Congressional findings. 7112. Congressional declaration of purpose. 7113. Relationship with States. SUBCHAPTER II—ESTABLISHMENT OF DEPARTMENT 7131. Establishment. 7132. Principal officers. 7133. Assistant Secretaries; appointment and con- firmation; identification of responsibilities. 7134. Federal Energy Regulatory Commission; compensation of Chairman and members. 7135. Energy Information Administration. 7135a. Delegation by Secretary of Energy of energy research, etc., functions to Administrator of Energy Information Administration; pro- hibition against required delegation; utili- zation of capabilities by Secretary. 7136. Economic Regulatory Administration; ap- pointment of Administrator; compensation; qualifications; functions. 7137. Functions of Comptroller General. 7138. Repealed. 7139. Office of Science; establishment; appointment of Director; compensation; duties. 7140. Leasing Liaison Committee; establishment; composition. 7141. Office of Minority Economic Impact. 7142. National Atomic Museum and National Atomic Testing Museum. 7142a. Designation of American Museum of Science and Energy. 7142b. Authority. 7142c. Museum volunteers. 7142d. Definitions. 7143. Repealed. 7144. Establishment of policy for National Nuclear Security Administration. 7144a. Establishment of security, counterintel- ligence, and intelligence policies. 7144b. Office of Intelligence and Counterintel- ligence. 7144c. Repealed. 7144d. Office of Arctic Energy.