Laws: Cases and Codes : U.S. Code : Title 42


   

U.S. Code as of: 01/19/04
Chapter 82 - Notes
                     SUBCHAPTER I - GENERAL PROVISIONS                 
    Sec.                                                     
    6901.       Congressional findings.                               
                  (a)  Solid waste.                                   
                  (b)  Environment and health.                        
                  (c)  Materials.                                     
                  (d)  Energy.                                        
    6901a.      Congressional findings: used oil recycling.           
    6902.       Objectives and national policy.                       
                  (a)  Objectives.                                    
                  (b)  National policy.                               
    6903.       Definitions.                                          
    6904.       Governmental cooperation.                             
                  (a)  Interstate cooperation.                        
                  (b)  Consent of Congress to compacts.               
    6905.       Application of chapter and integration with other
                 Acts.                                                
                  (a)  Application of chapter.                        
                  (b)  Integration with other Acts.                   
                  (c)  Integration with the Surface Mining Control and
                        Reclamation Act of 1977.                      
    6906.       Financial disclosure.                                 
                  (a)  Statement.                                     
                  (b)  Action by Administrator.                       
                  (c)  Exemption.                                     
                  (d)  Penalty.                                       
    6907.       Solid waste management information and guidelines.    
                  (a)  Guidelines.                                    
                  (b)  Notice.                                        
    6908.       Small town environmental planning.                    
                  (a)  Establishment.                                 
                  (b)  Small Town Environmental Planning Task Force.  
                  (c)  Identification of environmental requirements.  
                  (d)  Small Town Ombudsman.                          
                  (e)  Multi-media permits.                           
                  (f)  "Small town" defined.                          
                  (g)  Authorization.                                 
    6908a.      Agreements with Indian tribes.                        
         SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE
                               ADMINISTRATOR
    6911.       Office of Solid Waste and Interagency Coordinating
                 Committee.                                           
                  (a)  Office of Solid Waste.                         
                  (b)  Interagency Coordinating Committee.            
    6911a.      Assistant Administrator of Environmental Protection
                 Agency; appointment, etc.                            
    6912.       Authorities of Administrator.                         
                  (a)  Authorities.                                   
                  (b)  Revision of regulations.                       
                  (c)  Criminal investigations.                       
    6913.       Resource Recovery and Conservation Panels.            
    6914.       Grants for discarded tire disposal.                   
                  (a)  Grants.                                        
                  (b)  Authorization of appropriations.               
    6914a.      Labeling of lubricating oil.                          
    6914b.      Degradable plastic ring carriers; definitions.        
    6914b-1.    Regulation of plastic ring carriers.                  
    6915.       Annual report.                                        
    6916.       General authorization.                                
                  (a)  General administration.                        
                  (b)  Resource Recovery and Conservation Panels.     
                  (c)  Hazardous waste.                               
                  (d)  State and local support.                       
                  (e)  Criminal investigators.                        
                  (f)  Underground storage tanks.                     
    6917.       Office of Ombudsman.                                  
                  (a)  Establishment; functions.                      
                  (b)  Authority to render assistance.                
                  (c)  Effect on procedures for grievances, appeals,
                        or administrative matters.                    
                  (d)  Termination.                                   
                SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT            
    6921.       Identification and listing of hazardous waste.        
                  (a)  Criteria for identification or listing.        
                  (b)  Identification and listing.                    
                  (c)  Petition by State Governor.                    
                  (d)  Small quantity generator waste.                
                  (e)  Specified wastes.                              
                  (f)  Delisting procedures.                          
                  (g)  EP toxicity.                                   
                  (h)  Additional characteristics.                    
                  (i)  Clarification of household waste exclusion.    
    6922.       Standards applicable to generators of hazardous waste.
                  (a)  In general.                                    
                  (b)  Waste minimization.                            
    6923.       Standards applicable to transporters of hazardous
                 waste.                                               
                  (a)  Standards.                                     
                  (b)  Coordination with regulations of Secretary of
                        Transportation.                               
                  (c)  Fuel from hazardous waste.                     
    6924.       Standards applicable to owners and operators of
                 hazardous waste treatment, storage, and disposal
                 facilities.                                          
                  (a)  In general.                                    
                  (b)  Salt dome formations, salt bed formations,
                        underground mines and caves.                  
                  (c)  Liquids in landfills.                          
                  (d)  Prohibitions on land disposal of specified
                        wastes.                                       
                  (e)  Solvents and dioxins.                          
                  (f)  Disposal into deep injection wells; specified
                        subsection (d) wastes; solvents and dioxins.  
                  (g)  Additional land disposal prohibition
                        determinations.                               
                  (h)  Variance from land disposal prohibitions.      
                  (i)  Publication of determination.                  
                  (j)  Storage of hazardous waste prohibited from land
                        disposal.                                     
                  (k)  "Land disposal" defined.                       
                  (l)  Ban on dust suppression.                       
                  (m)  Treatment standards for wastes subject to land
                        disposal prohibition.                         
                  (n)  Air emissions.                                 
                  (o)  Minimum technological requirements.            
                  (p)  Ground water monitoring.                       
                  (q)  Hazardous waste used as fuel.                  
                  (r)  Labeling.                                      
                  (s)  Recordkeeping.                                 
                  (t)  Financial responsibility provisions.           
                  (u)  Continuing releases at permitted facilities.   
                  (v)  Corrective action beyond facility boundary.    
                  (w)  Underground tanks.                             
                  (x)  Mining and other special wastes.               
                  (y)  Munitions.                                     
    6925.       Permits for treatment, storage, or disposal of
                 hazardous waste.                                     
                  (a)  Permit requirements.                           
                  (b)  Requirements of permit application.            
                  (c)  Permit issuance.                               
                  (d)  Permit revocation.                             
                  (e)  Interim status.                                
                  (f)  Coal mining wastes and reclamation permits.    
                  (g)  Research, development, and demonstration
                        permits.                                      
                  (h)  Waste minimization.                            
                  (i)  Interim status facilities receiving wastes
                        after July 26, 1982.                          
                  (j)  Interim status surface impoundments.           
    6926.       Authorized State hazardous waste programs.            
                  (a)  Federal guidelines.                            
                  (b)  Authorization of State program.                
                  (c)  Interim authorization.                         
                  (d)  Effect of State permit.                        
                  (e)  Withdrawal of authorization.                   
                  (f)  Availability of information.                   
                  (g)  Amendments made by 1984 act.                   
                  (h)  State programs for used oil.                   
    6927.       Inspections.                                          
                  (a)  Access entry.                                  
                  (b)  Availability to public.                        
                  (c)  Federal facility inspections.                  
                  (d)  State-operated facilities.                     
                  (e)  Mandatory inspections.                         
    6928.       Federal enforcement.                                  
                  (a)  Compliance orders.                             
                  (b)  Public hearing.                                
                  (c)  Violation of compliance orders.                
                  (d)  Criminal penalties.                            
                  (e)  Knowing endangerment.                          
                  (f)  Special rules.                                 
                  (g)  Civil penalty.                                 
                  (h)  Interim status corrective action orders.       
    6929.       Retention of State authority.                         
    6930.       Effective date.                                       
                  (a)  Preliminary notification.                      
                  (b)  Effective date of regulation.                  
    6931.       Authorization of assistance to States.                
                  (a)  Authorization of appropriations.               
                  (b)  Allocation.                                    
                  (c)  Activities included.                           
    6932.       Transferred.                                          
    6933.       Hazardous waste site inventory.                       
                  (a)  State inventory programs.                      
                  (b)  Environmental Protection Agency program.       
                  (c)  Grants.                                        
                  (d)  No impediment to immediate remedial action.    
    6934.       Monitoring, analysis, and testing.                    
                  (a)  Authority of Administrator.                    
                  (b)  Previous owners and operators.                 
                  (c)  Proposal.                                      
                  (d)  Monitoring, etc., carried out by Administrator.
                  (e)  Enforcement.                                   
    6935.       Restrictions on recycled oil.                         
                  (a)  In general.                                    
                  (b)  Identification or listing of used oil as
                        hazardous waste.                              
                  (c)  Used oil which is recycled.                    
                  (d)  Permits.                                       
    6936.       Expansion during interim status.                      
                  (a)  Waste piles.                                   
                  (b)  Landfills and surface impoundments.            
    6937.       Inventory of Federal agency hazardous waste
                 facilities.                                          
                  (a)  Program requirement; submission; availability;
                        contents.                                     
                  (b)  Environmental Protection Agency program.       
    6938.       Export of hazardous wastes.                           
                  (a)  In general.                                    
                  (b)  Regulations.                                   
                  (c)  Notification.                                  
                  (d)  Procedures for requesting consent of receiving
                        country.                                      
                  (e)  Conveyance of written consent to exporter.     
                  (f)  International agreements.                      
                  (g)  Reports.                                       
                  (h)  Other standards.                               
    6939.       Domestic sewage.                                      
                  (a)  Report.                                        
                  (b)  Revisions of regulations.                      
                  (c)  Report on wastewater lagoons.                  
                  (d)  Application of sections 6927 and 6930.         
    6939a.      Exposure information and health assessments.          
                  (a)  Exposure information.                          
                  (b)  Health assessments.                            
                  (c)  Members of the public.                         
                  (d)  Priority.                                      
                  (e)  Periodic reports.                              
                  (f)  "Health assessments" defined.                  
                  (g)  Cost recovery.                                 
    6939b.      Interim control of hazardous waste injection.         
                  (a)  Underground source of drinking water.          
                  (b)  Actions under Comprehensive Environmental
                        Response, Compensation, and Liability Act.    
                  (c)  Enforcement.                                   
                  (d)  Definitions.                                   
    6939c.      Mixed waste inventory reports and plan.               
                  (a)  Mixed waste inventory reports.                 
                  (b)  Plan for development of treatment capacities
                        and technologies.                             
                  (c)  Schedule and progress reports.                 
    6939d.      Public vessels.                                       
                  (a)  Waste generated on public vessels.             
                  (b)  Computation of storage period.                 
                  (c)  Definitions.                                   
                  (d)  Relationship to other law.                     
    6939e.      Federally owned treatment works.                      
                  (a)  In general.                                    
                  (b)  Prohibition.                                   
                  (c)  Enforcement.                                   
                  (d)  "Federally owned treatment works" defined.     
                  (e)  Savings clause.                                
            SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS        
    6941.       Objectives of subchapter.                             
    6941a.      Energy and materials conservation and recovery;
                 Congressional findings.                              
    6942.       Federal guidelines for plans.                         
                  (a)  Guidelines for identification of regions.      
                  (b)  Guidelines for State plans.                    
                  (c)  Considerations for State plan guidelines.      
    6943.       Requirements for approval of plans.                   
                  (a)  Minimum requirements.                          
                  (b)  Discretionary plan provisions relating to
                        recycled oil.                                 
                  (c)  Energy and materials conservation and recovery
                        feasibility planning and assistance.          
                  (d)  Size of waste-to-energy facilities.            
    6944.       Criteria for sanitary landfills; sanitary landfills
                 required for all disposal.                           
                  (a)  Criteria for sanitary landfills.               
                  (b)  Disposal required to be in sanitary landfills,
                        etc.                                          
                  (c)  Effective date.                                
    6945.       Upgrading of open dumps.                              
                  (a)  Closing or upgrading of existing open dumps.   
                  (b)  Inventory.                                     
                  (c)  Control of hazardous disposal.                 
    6946.       Procedure for development and implementation of State
                 plan.                                                
                  (a)  Identification of regions.                     
                  (b)  Identification of State and local agencies and
                        responsibilities.                             
                  (c)  Interstate regions.                            
    6947.       Approval of State plan; Federal assistance.           
                  (a)  Plan approval.                                 
                  (b)  Eligibility of States for Federal financial
                        assistance.                                   
                  (c)  Existing activities.                           
    6948.       Federal assistance.                                   
                  (a)  Authorization of Federal financial assistance. 
                  (b)  State allotment.                               
                  (c)  Distribution of Federal financial assistance
                        within the State.                             
                  (d)  Technical assistance.                          
                  (e)  Special communities.                           
                  (f)  Assistance to States for discretionary program
                        for recycled oil.                             
                  (g)  Assistance to municipalities for energy and
                        materials conservation and recovery planning
                        activities.                                   
    6949.       Rural communities assistance.                         
                  (a)  In general.                                    
                  (b)  Allotment.                                     
                  (c)  Limit.                                         
                  (d)  Authorization of appropriations.               
    6949a.      Adequacy of certain guidelines and criteria.          
                  (a)  Study.                                         
                  (b)  Report.                                        
                  (c)  Revisions of guidelines and criteria.          
      SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND
                                 RECOVERY
    6951.       Functions.                                            
    6952.       Development of specifications for secondary materials.
    6953.       Development of markets for recovered materials.       
    6954.       Technology promotion.                                 
    6955.       Marketing policies, establishment; nondiscrimination
                 requirement.                                         
    6956.       Authorization of appropriations.                      
                 SUBCHAPTER VI - FEDERAL RESPONSIBILITIES             
    6961.       Application of Federal, State, and local law to
                 Federal facilities.                                  
                  (a)  In general.                                    
                  (b)  Administrative enforcement actions.            
                  (c)  Limitation on State use of funds collected from
                        Federal Government.                           
    6962.       Federal procurement.                                  
                  (a)  Application of section.                        
                  (b)  Procurement subject to other law.              
                  (c)  Requirements.                                  
                  (d)  Specifications.                                
                  (e)  Guidelines.                                    
                  (f)  Procurement of services.                       
                  (g)  Executive Office.                              
                  (h)  "Recovered materials" defined.                 
                  (i)  Procurement program.                           
    6963.       Cooperation with Environmental Protection Agency.     
                  (a)  General rule.                                  
                  (b)  Information relating to energy and materials
                        conservation and recovery.                    
    6964.       Applicability of solid waste disposal guidelines to
                 Executive agencies.                                  
                  (a)  Compliance.                                    
                  (b)  Licenses and permits.                          
    6965.       Chief Financial Officer report.                       
                 SUBCHAPTER VII - MISCELLANEOUS PROVISIONS             
    6971.       Employee protection.                                  
                  (a)  General.                                       
                  (b)  Remedy.                                        
                  (c)  Costs.                                         
                  (d)  Exception.                                     
                  (e)  Employment shifts and loss.                    
                  (f)  Occupational safety and health.                
    6972.       Citizen suits.                                        
                  (a)  In general.                                    
                  (b)  Actions prohibited.                            
                  (c)  Notice.                                        
                  (d)  Intervention.                                  
                  (e)  Costs.                                         
                  (f)  Other rights preserved.                        
                  (g)  Transporters.                                  
    6973.       Imminent hazard.                                      
                  (a)  Authority of Administrator.                    
                  (b)  Violations.                                    
                  (c)  Immediate notice.                              
                  (d)  Public participation in settlements.           
    6974.       Petition for regulations; public participation.       
                  (a)  Petition.                                      
                  (b)  Public participation.                          
    6975.       Separability.                                         
    6976.       Judicial review.                                      
                  (a)  Review of final regulations and certain
                        petitions.                                    
                  (b)  Review of certain actions under sections 6925
                        and 6926 of this title.                       
    6977.       Grants or contracts for training projects.            
                  (a)  General authority.                             
                  (b)  Purposes.                                      
    6978.       Payments.                                             
                  (a)  General rule.                                  
                  (b)  Prohibition.                                   
    6979.       Labor standards.                                      
    6979a.      Transferred.                                          
    6979b.      Law enforcement authority.                            
        SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
                                INFORMATION
    6981.       Research, demonstration, training, and other
                 activities.                                          
                  (a)  General authority.                             
                  (b)  Management program.                            
                  (c)  Authorities.                                   
    6982.       Special studies; plans for research, development, and
                 demonstrations.                                      
                  (a)  Glass and plastic.                             
                  (b)  Composition of waste stream.                   
                  (c)  Priorities study.                              
                  (d)  Small-scale and low technology study.          
                  (e)  Front-end source separation.                   
                  (f)  Mining waste.                                  
                  (g)  Sludge.                                        
                  (h)  Tires.                                         
                  (i)  Resource recovery facilities.                  
                  (j)  Resource Conservation Committee.               
                  (k)  Airport landfills.                             
                  (l)  Completion of research and studies.            
                  (m)  Drilling fluids, produced waters, and other
                        wastes associated with the exploration,
                        development, or production of crude oil or
                        natural gas or geothermal energy.             
                  (n)  Materials generated from the combustion of coal
                        and other fossil fuels.                       
                  (o)  Cement kiln dust waste.                        
                  (p)  Materials generated from extraction,
                        beneficiation, and processing of ores and
                        minerals, including phosphate rock and
                        overburden from uranium mining.               
                  (q)  Authorization of appropriations.               
                  (r)  Minimization of hazardous waste.               
                  (s)  Extending landfill life and reusing landfilled
                        areas.                                        
    6983.       Coordination, collection, and dissemination of
                 information.                                         
                  (a)  Information.                                   
                  (b)  Library.                                       
                  (c)  Model accounting system.                       
                  (d)  Model codes.                                   
                  (e)  Information programs.                          
                  (f)  Coordination.                                  
                  (g)  Special restriction.                           
    6984.       Full-scale demonstration facilities.                  
                  (a)  Authority.                                     
                  (b)  Time limitation.                               
                  (c)  Cost sharing.                                  
                  (d)  Prohibition.                                   
    6985.       Special study and demonstration projects on recovery
                 of useful energy and materials.                      
                  (a)  Studies.                                       
                  (b)  Demonstration.                                 
                  (c)  Application of other sections.                 
    6986.       Grants for resource recovery systems and improved
                 solid waste disposal facilities.                     
                  (a)  Authority.                                     
                  (b)  Conditions.                                    
                  (c)  Limitations.                                   
                  (d)  Regulations.                                   
                  (e)  Additional limitations.                        
                  (f)  Single State.                                  
    6987.       Authorization of appropriations.                      
          SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS      
    6991.       Definitions and exemptions.                           
    6991a.      Notification.                                         
                  (a)  Underground storage tanks.                     
                  (b)  Agency designation.                            
                  (c)  State inventories.                             
    6991b.      Release detection, prevention, and correction
                 regulations.                                         
                  (a)  Regulations.                                   
                  (b)  Distinctions in regulations.                   
                  (c)  Requirements.                                  
                  (d)  Financial responsibility.                      
                  (e)  New tank performance standards.                
                  (f)  Effective dates.                               
                  (g)  Interim prohibition.                           
                  (h)  EPA response program for petroleum.            
    6991c.      Approval of State programs.                           
                  (a)  Elements of State program.                     
                  (b)  Federal standards.                             
                  (c)  Financial responsibility.                      
                  (d)  EPA determination.                             
                  (e)  Withdrawal of authorization.                   
    6991d.      Inspections, monitoring, testing, and corrective
                 action.                                              
                  (a)  Furnishing information.                        
                  (b)  Confidentiality.                               
    6991e.      Federal enforcement.                                  
                  (a)  Compliance orders.                             
                  (b)  Procedure.                                     
                  (c)  Contents of order.                             
                  (d)  Civil penalties.                               
    6991f.      Federal facilities.                                   
                  (a)  Application of subchapter.                     
                  (b)  Presidential exemption.                        
    6991g.      State authority.                                      
    6991h.      Study of underground storage tanks.                   
                  (a)  Petroleum tanks.                               
                  (b)  Other tanks.                                   
                  (c)  Elements of studies.                           
                  (d)  Farm and heating oil tanks.                    
                  (e)  Reports.                                       
                  (f)  Reimbursement.                                 
    6991i.      Authorization of appropriations.                      
        SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM    
    6992.       Scope of demonstration program for medical waste.     
                  (a)  Covered States.                                
                  (b)  Opt out.                                       
                  (c)  Petition in.                                   
                  (d)  Expiration of demonstration program.           
    6992a.      Listing of medical wastes.                            
                  (a)  List.                                          
                  (b)  Exclusions from list.                          
    6992b.      Tracking of medical waste.                            
                  (a)  Demonstration program.                         
                  (b)  Small quantities.                              
                  (c)  On-site incinerators.                          
                  (d)  Type of medical waste and types of generators. 
    6992c.      Inspections.                                          
                  (a)  Requirements for access.                       
                  (b)  Procedures.                                    
                  (c)  Availability to public.                        
    6992d.      Enforcement.                                          
                  (a)  Compliance orders.                             
                  (b)  Criminal penalties.                            
                  (c)  Knowing endangerment.                          
                  (d)  Civil penalties.                               
                  (e)  Civil penalty policy.                          
    6992e.      Federal facilities.                                   
                  (a)  In general.                                    
                  (b)  "Person" defined.                              
    6992f.      Relationship to State law.                            
                  (a)  State inspections and enforcement.             
                  (b)  Retention of State authority.                  
                  (c)  State forms.                                   
    6992g.      Repealed.                                             
    6992h.      Health impacts report.                                
    6992i.      General provisions.                                   
                  (a)  Consultation.                                  
                  (b)  Public comment.                                
                  (c)  Relationship to subchapter III.                
    6992j.      Effective date.                                       
    6992k.      Authorization of appropriations.                      
-SECREF-
                   CHAPTER REFERRED TO IN OTHER SECTIONS               
      This chapter is referred to in sections 300h-6, 300h-7, 2022,
    2114, 4365, 4368b, 5919, 7412, 7429, 8302, 9601, 9604, 9613, 9614,
    9619, 6920, 9621, 9627, 9628, 9659, 9660, 14323 of this title;
    title 7 section 136q; title 10 sections 2708, 7311; title 16
    section 460lll; title 18 section 1956; title 25 section 3908; title
    26 section 468; title 30 section 1292; title 33 sections 1319,
    2602, 2622, 2718; title 49 section 14901.
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