42 U.S.C. § 6939c — Mixed waste inventory reports and plan

Page 6969 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6939c 1 So in original. Probably should be followed by a comma. § 6939b. Interim control of hazardous waste in- jection (a) Underground source of drinking water No hazardous waste may be disposed of by un- derground injection— (1) into a formation which contains (within one-quarter mile of the well used for such un- derground injection) an underground source of drinking water; or (2) above such a formation. The prohibitions established under this section shall take effect 6 months after November 8, 1984, except in the case of any State in which identical or more stringent prohibitions are in effect before such date under the Safe Drinking Water Act [42 U.S.C. 300f et seq.]. (b) Actions under Comprehensive Environmental Response, Compensation, and Liability Act Subsection (a) shall not apply to the injection of contaminated ground water into the aquifer from which it was withdrawn, if— (1) such injection is— (A) a response action taken under section 9604 or 9606 of this title, or (B) part of corrective action required under this chapter 1 intended to clean up such contamination; (2) such contaminated ground water is treat- ed to substantially reduce hazardous constitu- ents prior to such injection; and (3) such response action or corrective action will, upon completion, be sufficient to protect human health and the environment. (c) Enforcement In addition to enforcement under the provi- sions of this chapter, the prohibitions estab- lished under paragraphs (1) and (2) of subsection (a) shall be enforceable under the Safe Drinking Water Act [42 U.S.C. 300f et seq.] in any State— (1) which has adopted identical or more stringent prohibitions under part C of the Safe Drinking Water Act [42 U.S.C. 300h et seq.] and which has assumed primary enforcement re- sponsibility under that Act for enforcement of such prohibitions; or (2) in which the Administrator has adopted identical or more stringent prohibitions under the Safe Drinking Water Act [42 U.S.C. 300f et seq.] and is exercising primary enforcement responsibility under that Act for enforcement of such prohibitions. (d) Definitions The terms ‘‘primary enforcement responsi- bility’’, ‘‘underground source of drinking water’’, ‘‘formation’’ and ‘‘well’’ have the same meanings as provided in regulations of the Ad- ministrator under the Safe Drinking Water Act [42 U.S.C. 300f et seq.]. The term ‘‘Safe Drinking Water Act’’ means title XIV of the Public Health Service Act. (Pub. L. 89–272, title II, § 3020, formerly § 7010, as added Pub. L. 98–616, title IV, § 405(a), Nov. 8, 1984, 98 Stat. 3273; renumbered § 3020, and amend- ed Pub. L. 99–339, title II, § 201(c), June 19, 1986, 100 Stat. 654.) Editorial Notes REFERENCES IN TEXT Title XIV of the Public Health Service Act, referred to in subsec. (d), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, known as the Safe Drinking Water Act, which is classi- fied generally to subchapter XII (§ 300f et seq.) of chap- ter 6A of this title. Part C of the Act is classified gen- erally to part C (§ 300h et seq.) of subchapter XII 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. CODIFICATION Section was formerly classified to section 6979a of this title, prior to renumbering by Pub. L. 99–339. AMENDMENTS 1986—Subsec. (c). Pub. L. 99–339, § 201(c)(1), sub- stituted ‘‘enforcement under the provisions of this chapter’’ for ‘‘enforcement under sections 6972 and 6973 of this title’’. § 6939c. Mixed waste inventory reports and plan (a) Mixed waste inventory reports (1) Requirement Not later than 180 days after October 6, 1992, the Secretary of Energy shall submit to the Administrator and to the Governor of each State in which the Department of Energy stores or generates mixed wastes the following reports: (A) A report containing a national inven- tory of all such mixed wastes, regardless of the time they were generated, on a State-by- State basis. (B) A report containing a national inven- tory of mixed waste treatment capacities and technologies. (2) Inventory of wastes The report required by paragraph (1)(A) shall include the following: (A) A description of each type of mixed waste at each Department of Energy facility in each State, including, at a minimum, the name of the waste stream. (B) The amount of each type of mixed waste currently stored at each Department of Energy facility in each State, set forth separately by mixed waste that is subject to the land disposal prohibition requirements of section 6924 of this title and mixed waste that is not subject to such prohibition re- quirements. (C) An estimate of the amount of each type of mixed waste the Department expects to generate in the next 5 years at each De- partment of Energy facility in each State. (D) A description of any waste minimiza- tion actions the Department has imple- mented at each Department of Energy facil- ity in each State for each mixed waste stream. (E) The EPA hazardous waste code for each type of mixed waste containing waste that has been characterized at each Department of Energy facility in each State. (F) An inventory of each type of waste that has not been characterized by sampling and analysis at each Department of Energy facility in each State. Page 6970 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6939c (G) The basis for the Department’s deter- mination of the applicable hazardous waste code for each type of mixed waste at each Department of Energy facility and a descrip- tion of whether the determination is based on sampling and analysis conducted on the waste or on the basis of process knowledge. (H) A description of the source of each type of mixed waste at each Department of Energy facility in each State. (I) The land disposal prohibition treatment technology or technologies specified for the hazardous waste component of each type of mixed waste at each Department of Energy facility in each State. (J) A statement of whether and how the radionuclide content of the waste alters or affects use of the technologies described in subparagraph (I). (3) Inventory of treatment capacities and tech- nologies The report required by paragraph (1)(B) shall include the following: (A) An estimate of the available treatment capacity for each waste described in the re- port required by paragraph (1)(A) for which treatment technologies exist. (B) A description, including the capacity, number and location, of each treatment unit considered in calculating the estimate under subparagraph (A). (C) A description, including the capacity, number and location, of any existing treat- ment unit that was not considered in calcu- lating the estimate under subparagraph (A) but that could, alone or in conjunction with other treatment units, be used to treat any of the wastes described in the report re- quired by paragraph (1)(A) to meet the re- quirements of regulations promulgated pur- suant to section 6924(m) of this title. (D) For each unit listed in subparagraph (C), a statement of the reasons why the unit was not included in calculating the estimate under subparagraph (A). (E) A description, including the capacity, number, location, and estimated date of availability, of each treatment unit cur- rently proposed to increase the treatment capacities estimated under subparagraph (A). (F) For each waste described in the report required by paragraph (1)(A) for which the Department has determined no treatment technology exists, information sufficient to support such determination and a descrip- tion of the technological approaches the De- partment anticipates will need to be devel- oped to treat the waste. (4) Comments and revisions Not later than 90 days after the date of the submission of the reports by the Secretary of Energy under paragraph (1), the Administrator and each State which received the reports shall submit any comments they may have concerning the reports to the Department of Energy. The Secretary of Energy shall con- sider and publish the comments prior to publi- cation of the final report. (5) Requests for additional information Nothing in this subsection limits or restricts the authority of States or the Administrator to request additional information from the Secretary of Energy. (b) Plan for development of treatment capacities and technologies (1) Plan requirement (A)(i) For each facility at which the Depart- ment of Energy generates or stores mixed wastes, except any facility subject to a per- mit, agreement, or order described in clause (ii), the Secretary of Energy shall develop and submit, as provided in paragraph (2), a plan for developing treatment capacities and tech- nologies to treat all of the facility’s mixed wastes, regardless of the time they were gen- erated, to the standards promulgated pursuant to section 6924(m) of this title. (ii) Clause (i) shall not apply with respect to any facility subject to any permit establishing a schedule for treatment of such wastes, or any existing agreement or administrative or judicial order governing the treatment of such wastes, to which the State is a party. (B) Each plan shall contain the following: (i) For mixed wastes for which treatment technologies exist, a schedule for submitting all applicable permit applications, entering into contracts, initiating construction, con- ducting systems testing, commencing oper- ations, and processing backlogged and cur- rently generated mixed wastes. (ii) For mixed wastes for which no treat- ment technologies exist, a schedule for iden- tifying and developing such technologies, identifying the funding requirements for the identification and development of such tech- nologies, submitting treatability study ex- emptions, and submitting research and de- velopment permit applications. (iii) For all cases where the Department proposes radionuclide separation of mixed wastes, or materials derived from mixed wastes, it shall provide an estimate of the volume of waste generated by each case of radionuclide separation, the volume of waste that would exist or be generated without radionuclide separation, the estimated costs of waste treatment and disposal if radio- nuclide separation is used compared to the estimated costs if it is not used, and the as- sumptions underlying such waste volume and cost estimates. (C) A plan required under this subsection may provide for centralized, regional, or on- site treatment of mixed wastes, or any com- bination thereof. (2) Review and approval of plan (A) For each facility that is located in a State (i) with authority under State law to prohibit land disposal of mixed waste until the waste has been treated and (ii) with both au- thority under State law to regulate the haz- ardous components of mixed waste and au- thorization from the Environmental Protec- tion Agency under section 6926 of this title to regulate the hazardous components of mixed waste, the Secretary of Energy shall submit Page 6971 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6939d the plan required under paragraph (1) to the appropriate State regulatory officials for their review and approval, modification, or dis- approval. In reviewing the plan, the State shall consider the need for regional treatment facilities. The State shall consult with the Ad- ministrator and any other State in which a fa- cility affected by the plan is located and con- sider public comments in making its deter- mination on the plan. The State shall approve, approve with modifications, or disapprove the plan within 6 months after receipt of the plan. (B) For each facility located in a State that does not have the authority described in sub- paragraph (A), the Secretary shall submit the plan required under paragraph (1) to the Ad- ministrator of the Environmental Protection Agency for review and approval, modification, or disapproval. A copy of the plan also shall be provided by the Secretary to the State in which such facility is located. In reviewing the plan, the Administrator shall consider the need for regional treatment facilities. The Ad- ministrator shall consult with the State or States in which any facility affected by the plan is located and consider public comments in making a determination on the plan. The Administrator shall approve, approve with modifications, or disapprove the plan within 6 months after receipt of the plan. (C) Upon the approval of a plan under this paragraph by the Administrator or a State, the Administrator shall issue an order under section 6928(a) of this title, or the State shall issue an order under appropriate State author- ity, requiring compliance with the approved plan. (3) Public participation Upon submission of a plan by the Secretary of Energy to the Administrator or a State, and before approval of the plan by the Adminis- trator or a State, the Administrator or State shall publish a notice of the availability of the submitted plan and make such submitted plan available to the public on request. (4) Revisions of plan If any revisions of an approved plan are pro- posed by the Secretary of Energy or required by the Administrator or a State, the provi- sions of paragraphs (2) and (3) shall apply to the revisions in the same manner as they apply to the original plan. (5) Waiver of plan requirement (A) A State may waive the requirement for the Secretary of Energy to develop and submit a plan under this subsection for a facility lo- cated in the State if the State (i) enters into an agreement with the Secretary of Energy that addresses compliance at that facility with section 6924(j) of this title with respect to mixed waste, and (ii) issues an order requiring compliance with such agreement and which is in effect. (B) Any violation of an agreement or order referred to in subparagraph (A) is subject to the waiver of sovereign immunity contained in section 6961(a) of this title. (c) Schedule and progress reports (1) Schedule Not later than 6 months after October 6, 1992, the Secretary of Energy shall publish in the Federal Register a schedule for submitting the plans required under subsection (b). (2) Progress reports (A) Not later than the deadlines specified in subparagraph (B), the Secretary of Energy shall submit to the Committee on Environ- ment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a progress report containing the following: (i) An identification, by facility, of the plans that have been submitted to States or the Administrator of the Environmental Protection Agency pursuant to subsection (b). (ii) The status of State and Environmental Protection Agency review and approval of each such plan. (iii) The number of orders requiring com- pliance with such plans that are in effect. (iv) For the first 2 reports required under this paragraph, an identification of the plans required under such subsection (b) that the Secretary expects to submit in the 12-month period following submission of the report. (B) The Secretary of Energy shall submit a report under subparagraph (A) not later than 12 months after October 6, 1992, 24 months after October 6, 1992, and 36 months after Octo- ber 6, 1992. (Pub. L. 89–272, title II, § 3021, as added Pub. L. 102–386, title I, § 105(a)(1), Oct. 6, 1992, 106 Stat. 1508.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. GAO REPORT Pub. L. 102–386, title I, § 105(c), Oct. 6, 1992, 106 Stat. 1512, provided that not later than 18 months after Oct. 6, 1992, the Comptroller General would submit to Con- gress a report, containing certain specified data, on the Department of Energy’s progress in complying with subsec. (b) of this section. § 6939d. Public vessels (a) Waste generated on public vessels Any hazardous waste generated on a public vessel shall not be subject to the storage, mani- fest, inspection, or recordkeeping requirements of this chapter until such waste is transferred to a shore facility, unless— (1) the waste is stored on the public vessel for more than 90 days after the public vessel is