42 U.S.C. § 6903 — Definitions

Page 6924 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6903 Subsec. (a)(4) to (11). Pub. L. 98–616, § 101(b)(2), struck out par. (4) which provided for regulating the treat- ment, storage, transportation, and disposal of haz- ardous wastes which have adverse effects on health and the environment, added pars. (4) to (7), and redesig- nated former pars. (5) to (8) as (8) to (11), respectively. Subsec. (b). Pub. L. 98–616, § 101(b)(1), added subsec. (b). § 6903. Definitions As used in this chapter: (1) The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) The term ‘‘construction,’’ with respect to any project of construction under this chapter, means (A) the erection or building of new struc- tures and acquisition of lands or interests there- in, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or exten- sion of existing structures, and (B) the acquisi- tion and installation of initial equipment of, or required in connection with, new or newly ac- quired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor ve- hicles, and tractors, cranes, and other machin- ery) necessary for the proper utilization and op- eration of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasi- bility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, work- ing drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to comple- tion. (2A) The term ‘‘demonstration’’ means the ini- tial exhibition of a new technology process or practice or a significantly new combination or use of technologies, processes or practices, sub- sequent to the development stage, for the pur- pose of proving technological feasibility and cost effectiveness. (3) The term ‘‘disposal’’ means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emit- ted into the air or discharged into any waters, including ground waters. (4) The term ‘‘Federal agency’’ means any de- partment, agency, or other instrumentality of the Federal Government, any independent agen- cy or establishment of the Federal Government including any Government corporation, and the Government Publishing Office. (5) The term ‘‘hazardous waste’’ means a solid waste, or combination of solid wastes, which be- cause of its quantity, concentration, or phys- ical, chemical, or infectious characteristics may— (A) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, ill- ness; or (B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (6) The term ‘‘hazardous waste generation’’ means the act or process of producing hazardous waste. (7) The term ‘‘hazardous waste management’’ means the systematic control of the collection, source separation, storage, transportation, proc- essing, treatment, recovery, and disposal of haz- ardous wastes. (8) For purposes of Federal financial assist- ance (other than rural communities assistance), the term ‘‘implementation’’ does not include the acquisition, leasing, construction, or modifica- tion of facilities or equipment or the acquisi- tion, leasing, or improvement of land. (9) The term ‘‘intermunicipal agency’’ means an agency established by two or more munici- palities with responsibility for planning or ad- ministration of solid waste. (10) The term ‘‘interstate agency’’ means an agency of two or more municipalities in dif- ferent States, or an agency established by two or more States, with authority to provide for the management of solid wastes and serving two or more municipalities located in different States. (11) The term ‘‘long-term contract’’ means, when used in relation to solid waste supply, a contract of sufficient duration to assure the via- bility of a resource recovery facility (to the ex- tent that such viability depends upon solid waste supply). (12) The term ‘‘manifest’’ means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treat- ment, or storage. (13) The term ‘‘municipality’’ (A) means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law, with responsibility for the planning or administration of solid waste management, or an Indian tribe or authorized tribal organiza- tion or Alaska Native village or organization, and (B) includes any rural community or unin- corporated town or village or any other public entity for which an application for assistance is made by a State or political subdivision thereof. (14) The term ‘‘open dump’’ means any facility or site where solid waste is disposed of which is not a sanitary landfill which meets the criteria promulgated under section 6944 of this title and which is not a facility for disposal of hazardous waste. (15) The term ‘‘person’’ means an individual, trust, firm, joint stock company, corporation (including a government corporation), partner- ship, association, State, municipality, commis- sion, political subdivision of a State, or any interstate body and shall include each depart- ment, agency, and instrumentality of the United States. (16) The term ‘‘procurement item’’ means any device, good, substance, material, product, or other item whether real or personal property which is the subject of any purchase, barter, or other exchange made to procure such item. (17) The term ‘‘procuring agency’’ means any Federal agency, or any State agency or agency Page 6925 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6903 of a political subdivision of a State which is using appropriated Federal funds for such pro- curement, or any person contracting with any such agency with respect to work performed under such contract. (18) The term ‘‘recoverable’’ refers to the capa- bility and likelihood of being recovered from solid waste for a commercial or industrial use. (19) The term ‘‘recovered material’’ means waste material and byproducts which have been recovered or diverted from solid waste, but such term does not include those materials and by- products generated from, and commonly reused within, an original manufacturing process. (20) The term ‘‘recovered resources’’ means material or energy recovered from solid waste. (21) The term ‘‘resource conservation’’ means reduction of the amounts of solid waste that are generated, reduction of overall resource con- sumption, and utilization of recovered re- sources. (22) The term ‘‘resource recovery’’ means the recovery of material or energy from solid waste. (23) The term ‘‘resource recovery system’’ means a solid waste management system which provides for collection, separation, recycling, and recovery of solid wastes, including disposal of nonrecoverable waste residues. (24) The term ‘‘resource recovery facility’’ means any facility at which solid waste is proc- essed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse. (25) The term ‘‘regional authority’’ means the authority established or designated under sec- tion 6946 of this title. (26) The term ‘‘sanitary landfill’’ means a fa- cility for the disposal of solid waste which meets the criteria published under section 6944 of this title. (26A) The term ‘‘sludge’’ means any solid, semisolid or liquid waste generated from a mu- nicipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics and effects. (27) The term ‘‘solid waste’’ means any gar- bage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pol- lution control facility and other discarded mate- rial, including solid, liquid, semisolid, or con- tained gaseous material resulting from indus- trial, commercial, mining, and agricultural op- erations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial dis- charges which are point sources subject to per- mits under section 1342 of title 33, or source, spe- cial nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923) [42 U.S.C. 2011 et seq.]. (28) The term ‘‘solid waste management’’ means the systematic administration of activi- ties which provide for the collection, source sep- aration, storage, transportation, transfer, proc- essing, treatment, and disposal of solid waste. (29) The term ‘‘solid waste management facil- ity’’ includes— (A) any resource recovery system or compo- nent thereof, (B) any system, program, or facility for re- source conservation, and (C) any facility for the collection, source separation, storage, transportation, transfer, processing, treatment or disposal of solid wastes, including hazardous wastes, whether such facility is associated with facilities gen- erating such wastes or otherwise. (30) The terms ‘‘solid waste planning’’, ‘‘solid waste management’’, and ‘‘comprehensive plan- ning’’ include planning or management respect- ing resource recovery and resource conserva- tion. (31) The term ‘‘State’’ means any of the sev- eral States, the District of Columbia, the Com- monwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Common- wealth of the Northern Mariana Islands. (32) The term ‘‘State authority’’ means the agency established or designated under section 6947 of this title. (33) The term ‘‘storage’’, when used in connec- tion with hazardous waste, means the contain- ment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. (34) The term ‘‘treatment’’, when used in con- nection with hazardous waste, means any meth- od, technique, or process, including neutraliza- tion, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, ame- nable for storage, or reduced in volume. Such term includes any activity or processing de- signed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. (35) The term ‘‘virgin material’’ means a raw material, including previously unused copper, aluminum, lead, zinc, iron, or other metal or metal ore, any undeveloped resource that is, or with new technology will become, a source of raw materials. (36) The term ‘‘used oil’’ means any oil which has been— (A) refined from crude oil, (B) used, and (C) as a result of such use, contaminated by physical or chemical impurities. (37) The term ‘‘recycled oil’’ means any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes oil which is re-refined, reclaimed, burned, or re- processed. (38) The term ‘‘lubricating oil’’ means the fraction of crude oil which is sold for purposes of reducing friction in any industrial or mechan- ical device. Such term includes re-refined oil. (39) The term ‘‘re-refined oil’’ means used oil from which the physical and chemical contami- nants acquired through previous use have been removed through a refining process. (40) Except as otherwise provided in this para- graph, the term ‘‘medical waste’’ means any solid waste which is generated in the diagnosis, treatment, or immunization of human beings or Page 6926 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6904 animals, in research pertaining thereto, or in the production or testing of biologicals. Such term does not include any hazardous waste iden- tified or listed under subchapter III or any household waste as defined in regulations under subchapter III. (41) The term ‘‘mixed waste’’ means waste that contains both hazardous waste and source, spe- cial nuclear, or by-product material subject to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). (Pub. L. 89–272, title II, § 1004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2798; amended Pub. L. 95–609, § 7(b), Nov. 8, 1978, 92 Stat. 3081; Pub. L. 96–463, § 3, Oct. 15, 1980, 94 Stat. 2055; Pub. L. 96–482, § 2, Oct. 21, 1980, 94 Stat. 2334; Pub. L. 100–582, § 3, Nov. 1, 1988, 102 Stat. 2958; Pub. L. 102–386, title I, §§ 103, 105(b), Oct. 6, 1992, 106 Stat. 1507, 1512; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, referred to in pars. (27) and (41), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3252 of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580. AMENDMENTS 1992—Par. (15). Pub. L. 102–386, § 103, inserted before period at end ‘‘and shall include each department, agency, and instrumentality of the United States’’. Par. (41). Pub. L. 102–386, § 105(b), added par. (41). 1988—Par. (40). Pub. L. 100–582 added par. (40). 1980—Par. (14). Pub. L. 96–482, § 2(a), defined ‘‘open dump’’ to include a facility, substituted requirement that disposal facility or site not be a sanitary landfill meeting section 6944 of this title criteria for prior re- quirement that disposal site not be a sanitary landfill within meaning of section 6944 of this title, and re- quired that the disposal facility or site not be a facility for disposal of hazardous waste. Par. (19). Pub. L. 96–482, § 2(b), defined ‘‘recovered ma- terial’’ to cover byproducts, substituted provision for recovery or diversion of waste material and byproducts from solid waste for prior provision for collection or re- covery of material from solid waste, and excluded ma- terials and byproducts generated from and commonly reused within an original manufacturing process. Pars. (36) to (39). Pub. L. 96–463, § 3, added pars. (36) to (39). 1978—Par. (8). Pub. L. 95–609, § 7(b)(1), struck out pro- vision stating that employees’ salaries due pursuant to subchapter IV of this chapter would not be included after Dec. 31, 1979. Par. (10). Pub. L. 95–609, § 7(b)(2), substituted ‘‘man- agement’’ for ‘‘disposal’’. Par. (29)(C). Pub. L. 95–609, § 7(b)(3), substituted ‘‘the collection, source separation, storage, transportation, transfer, processing, treatment or disposal’’ for ‘‘the treatment’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Government Publishing Office’’ substituted for ‘‘Government Printing Office’’ in par. (4) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Administrator or other offi- cial of Environmental Protection Agency related to compliance with resource conservation and recovery permits used under this chapter with respect to pre- construction, construction, and initial operation of transportation system for Canadian and Alaskan nat- ural gas transferred to Federal Inspector, Office of Fed- eral Inspector for the Alaska Natural Gas Transpor- tation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation Sys- tem, see Reorg. Plan No. 1 of 1979, eff. July 1, 1979, §§ 102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, set out in the Appendix to Title 5, Government Organi- zation and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abol- ished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Fed- eral Inspector note under section 719e of Title 15, Com- merce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Fed- eral Coordinator for Alaska Natural Gas Transpor- tation Projects by section 720d(f) of Title 15. § 6904. Governmental cooperation (a) Interstate cooperation The provisions of this chapter to be carried out by States may be carried out by interstate agencies and provisions applicable to States may apply to interstate regions where such agencies and regions have been established by the respective States and approved by the Ad- ministrator. In any such case, action required to be taken by the Governor of a State, respecting regional designation shall be required to be taken by the Governor of each of the respective States with respect to so much of the interstate region as is within the jurisdiction of that State. (b) Consent of Congress to compacts The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for— (1) cooperative effort and mutual assistance for the management of solid waste or haz- ardous waste (or both) and the enforcement of their respective laws relating thereto, and (2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements or com- pacts. No such agreement or compact shall be binding or obligatory upon any State a party thereto un- less it is agreed upon by all parties to the agree- ment and until it has been approved by the Ad- ministrator and the Congress. (Pub. L. 89–272, title II, § 1005, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2801.) Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec-