42 U.S.C. § 6921 : US Code - Section 6921: Identification and listing of hazardous waste

Search 42 U.S.C. § 6921 : US Code - Section 6921: Identification and listing of hazardous waste

(a) Criteria for identification or listing
Not later than eighteen months after October 21, 1976, the
Administrator shall, after notice and opportunity for public
hearing, and after consultation with appropriate Federal and State
agencies, develop and promulgate criteria for identifying the
characteristics of hazardous waste, and for listing hazardous
waste, which should be subject to the provisions of this
subchapter, taking into account toxicity, persistence, and
degradability in nature, potential for accumulation in tissue, and
other related factors such as flammability, corrosiveness, and
other hazardous characteristics. Such criteria shall be revised
from time to time as may be appropriate.
(b) Identification and listing
(1) Not later than eighteen months after October 21, 1976, and
after notice and opportunity for public hearing, the Administrator
shall promulgate regulations identifying the characteristics of
hazardous waste, and listing particular hazardous wastes (within
the meaning of section 6903(5) of this title), which shall be
subject to the provisions of this subchapter. Such regulations
shall be based on the criteria promulgated under subsection (a) of
this section and shall be revised from time to time thereafter as
may be appropriate. The Administrator, in cooperation with the
Agency for Toxic Substances and Disease Registry and the National
Toxicology Program, shall also identify or list those hazardous
wastes which shall be subject to the provisions of this subchapter
solely because of the presence in such wastes of certain
constituents (such as identified carcinogens, mutagens, or
teratagens) (!1) at levels in excess of levels which endanger human
health.
(2)(A) Notwithstanding the provisions of paragraph (1) of this
subsection, drilling fluids, produced waters, and other wastes
associated with the exploration, development, or production of
crude oil or natural gas or geothermal energy shall be subject only
to existing State or Federal regulatory programs in lieu of this
subchapter until at least 24 months after October 21, 1980, and
after promulgation of the regulations in accordance with
subparagraphs (B) and (C) of this paragraph. It is the sense of the
Congress that such State or Federal programs should include, for
waste disposal sites which are to be closed, provisions requiring
at least the following:
(i) The identification through surveying, platting, or other
measures, together with recordation of such information on the
public record, so as to assure that the location where such
wastes are disposed of can be located in the future; except
however, that no such surveying, platting, or other measure
identifying the location of a disposal site for drilling fluids
and associated wastes shall be required if the distance from the
disposal site to the surveyed or platted location to the
associated well is less than two hundred lineal feet; and
(ii) A chemical and physical analysis of a produced water and a
composition of a drilling fluid suspected to contain a hazardous
material, with such information to be acquired prior to closure
and to be placed on the public record.
(B) Not later than six months after completion and submission of
the study required by section 6982(m) of this title, the
Administrator shall, after public hearings and opportunity for
comment, determine either to promulgate regulations under this
subchapter for drilling fluids, produced waters, and other wastes
associated with the exploration, development, or production of
crude oil or natural gas or geothermal energy or that such
regulations are unwarranted. The Administrator shall publish his
decision in the Federal Register accompanied by an explanation and
justification of the reasons for it. In making the decision under
this paragraph, the Administrator shall utilize the information
developed or accumulated pursuant to the study required under
section 6982(m) of this title.
(C) The Administrator shall transmit his decision, along with any
regulations, if necessary, to both Houses of Congress. Such
regulations shall take effect only when authorized by Act of
Congress.
(3)(A) Notwithstanding the provisions of paragraph (1) of this
subsection, each waste listed below shall, except as provided in
subparagraph (B) of this paragraph, be subject only to regulation
under other applicable provisions of Federal or State law in lieu
of this subchapter until at least six months after the date of
submission of the applicable study required to be conducted under
subsection (f), (n), (o), or (p) of section 6982 of this title and
after promulgation of regulations in accordance with subparagraph
(C) of this paragraph:
(i) Fly ash waste, bottom ash waste, slag waste, and flue gas
emission control waste generated primarily from the combustion of
coal or other fossil fuels.
(ii) Solid waste from the extraction, beneficiation, and
processing of ores and minerals, including phosphate rock and
overburden from the mining of uranium ore.
(iii) Cement kiln dust waste.
(B)(i) Owners and operators of disposal sites for wastes listed
in subparagraph (A) may be required by the Administrator, through
regulations prescribed under authority of section 6912 of this
title -
(I) as to disposal sites for such wastes which are to be
closed, to identify the locations of such sites through
surveying, platting, or other measures, together with recordation
of such information on the public record, to assure that the
locations where such wastes are disposed of are known and can be
located in the future, and
(II) to provide chemical and physical analysis and composition
of such wastes, based on available information, to be placed on
the public record.
(ii)(I) In conducting any study under subsection (f), (n), (o),
or (p), of section 6982 of this title, any officer, employee, or
authorized representative of the Environmental Protection Agency,
duly designated by the Administrator, is authorized, at reasonable
times and as reasonably necessary for the purposes of such study,
to enter any establishment where any waste subject to such study is
generated, stored, treated, disposed of, or transported from; to
inspect, take samples, and conduct monitoring and testing; and to
have access to and copy records relating to such waste. Each such
inspection shall be commenced and completed with reasonable
promptness. If the officer, employee, or authorized representative
obtains any samples prior to leaving the premises, he shall give to
the owner, operator, or agent in charge a receipt describing the
sample obtained and if requested a portion of each such sample
equal in volume or weight to the portion retained. If any analysis
is made of such samples, or monitoring and testing performed, a
copy of the results shall be furnished promptly to the owner,
operator, or agent in charge.
(II) Any records, reports, or information obtained from any
person under subclause (I) shall be available to the public, except
that upon a showing satisfactory to the Administrator by any person
that records, reports, or information, or particular part thereof,
to which the Administrator has access under this subparagraph is
made public, would divulge information entitled to protection under
section 1905 of title 18, the Administrator shall consider such
information or particular portion thereof confidential in
accordance with the purposes of that section, except that such
record, report, document, or information may be disclosed to other
officers, employees, or authorized representatives of the United
States concerned with carrying out this chapter. Any person not
subject to the provisions of section 1905 of title 18 who knowingly
and willfully divulges or discloses any information entitled to
protection under this subparagraph shall, upon conviction, be
subject to a fine of not more than $5,000 or to imprisonment not to
exceed one year, or both.
(iii) The Administrator may prescribe regulations, under the
authority of this chapter, to prevent radiation exposure which
presents an unreasonable risk to human health from the use in
construction or land reclamation (with or without revegetation) of
(I) solid waste from the extraction, beneficiation, and processing
of phosphate rock or (II) overburden from the mining of uranium
ore.
(iv) Whenever on the basis of any information the Administrator
determines that any person is in violation of any requirement of
this subparagraph, the Administrator shall give notice to the
violator of his failure to comply with such requirement. If such
violation extends beyond the thirtieth day after the
Administrator's notification, the Administrator may issue an order
requiring compliance within a specified time period or the
Administrator may commence a civil action in the United States
district court in the district in which the violation occurred for
appropriate relief, including a temporary or permanent injunction.
(C) Not later than six months after the date of submission of the
applicable study required to be conducted under subsection (f),
(n), (o), or (p), of section 6982 of this title, the Administrator
shall, after public hearings and opportunity for comment, either
determine to promulgate regulations under this subchapter for each
waste listed in subparagraph (A) of this paragraph or determine
that such regulations are unwarranted. The Administrator shall
publish his determination, which shall be based on information
developed or accumulated pursuant to such study, public hearings,
and comment, in the Federal Register accompanied by an explanation
and justification of the reasons for it.
(c) Petition by State Governor
At any time after the date eighteen months after October 21,
1976, the Governor of any State may petition the Administrator to
identify or list a material as a hazardous waste. The Administrator
shall act upon such petition within ninety days following his
receipt thereof and shall notify the Governor of such action. If
the Administrator denies such petition because of financial
considerations, in providing such notice to the Governor he shall
include a statement concerning such considerations.
(d) Small quantity generator waste
(1) By March 31, 1986, the Administrator shall promulgate
standards under sections 6922, 6923, and 6924 of this title for
hazardous waste generated by a generator in a total quantity of
hazardous waste greater than one hundred kilograms but less than
one thousand kilograms during a calendar month.
(2) The standards referred to in paragraph (1), including
standards applicable to the legitimate use, reuse, recycling, and
reclamation of such wastes, may vary from the standards applicable
to hazardous waste generated by larger quantity generators, but
such standards shall be sufficient to protect human health and the
environment.
(3) Not later than two hundred and seventy days after November 8,
1984, any hazardous waste which is part of a total quantity
generated by a generator generating greater than one hundred
kilograms but less than one thousand kilograms during one calendar
month and which is shipped off the premises on which such waste is
generated shall be accompanied by a copy of the Environmental
Protection Agency Uniform Hazardous Waste Manifest form signed by
the generator. This form shall contain the following information:
(A) the name and address of the generator of the waste;
(B) the United States Department of Transportation description
of the waste, including the proper shipping name, hazard class,
and identification number (UN/NA), if applicable;
(C) the number and type of containers;
(D) the quantity of waste being transported; and
(E) the name and address of the facility designated to receive
the waste.
If subparagraph (B) is not applicable, in lieu of the description
referred to in such subparagraph (B), the form shall contain the
Environmental Protection Agency identification number, or a generic
description of the waste, or a description of the waste by
hazardous waste characteristic. Additional requirements related to
the manifest form shall apply only if determined necessary by the
Administrator to protect human health and the environment.
(4) The Administrator's responsibility under this subchapter to
protect human health and the environment may require the
promulgation of standards under this subchapter for hazardous
wastes which are generated by any generator who does not generate
more than one hundred kilograms of hazardous waste in a calendar
month.
(5) Until the effective date of standards required to be
promulgated under paragraph (1), any hazardous waste identified or
listed under this section generated by any generator during any
calendar month in a total quantity greater than one hundred
kilograms but less than one thousand kilograms, which is not
treated, stored, or disposed of at a hazardous waste treatment,
storage, or disposal facility with a permit under section 6925 of
this title, shall be disposed of only in a facility which is
permitted, licensed, or registered by a State to manage municipal
or industrial solid waste.
(6) Standards promulgated as provided in paragraph (1) shall, at
a minimum, require that all treatment, storage, or disposal of
hazardous wastes generated by generators referred to in paragraph
(1) shall occur at a facility with interim status or a permit under
this subchapter, except that onsite storage of hazardous waste
generated by a generator generating a total quantity of hazardous
waste greater than one hundred kilograms, but less than one
thousand kilograms during a calendar month, may occur without the
requirement of a permit for up to one hundred and eighty days. Such
onsite storage may occur without the requirement of a permit for
not more than six thousand kilograms for up to two hundred and
seventy days if such generator must ship or haul such waste over
two hundred miles.
(7)(A) Nothing in this subsection shall be construed to affect or
impair the validity of regulations promulgated by the Secretary of
Transportation pursuant to chapter 51 of title 49.
(B) Nothing in this subsection shall be construed to affect,
modify, or render invalid any requirements in regulations
promulgated prior to January 1, 1983 applicable to any acutely
hazardous waste identified or listed under this section which is
generated by any generator during any calendar month in a total
quantity less than one thousand kilograms.
(8) Effective March 31, 1986, unless the Administrator
promulgates standards as provided in paragraph (1) of this
subsection prior to such date, hazardous waste generated by any
generator in a total quantity greater than one hundred kilograms
but less than one thousand kilograms during a calendar month shall
be subject to the following requirements until the standards
referred to in paragraph (1) of this subsection have become
effective:
(A) the notice requirements of paragraph (3) of this subsection
shall apply and in addition, the information provided in the form
shall include the name of the waste transporters and the name and
address of the facility designated to receive the waste;
(B) except in the case of the onsite storage referred to in
paragraph (6) of this subsection, the treatment, storage, or
disposal of such waste shall occur at a facility with interim
status or a permit under this subchapter;
(C) generators of such waste shall file manifest exception
reports as required of generators producing greater amounts of
hazardous waste per month except that such reports shall be filed
by January 31, for any waste shipment occurring in the last half
of the preceding calendar year, and by July 31, for any waste
shipment occurring in the first half of the calendar year; and
(D) generators of such waste shall retain for three years a
copy of the manifest signed by the designated facility that has
received the waste.
Nothing in this paragraph shall be construed as a determination of
the standards appropriate under paragraph (1).
(9) The last sentence of section 6930(b) of this title shall not
apply to regulations promulgated under this subsection.
(e) Specified wastes
(1) Not later than 6 months after November 8, 1984, the
Administrator shall, where appropriate, list under subsection
(b)(1) of this section, additional wastes containing chlorinated
dioxins or chlorinated-dibenzofurans. Not later than one year after
November 8, 1984, the Administrator shall, where appropriate, list
under subsection (b)(1) of this section wastes containing remaining
halogenated dioxins and halogenated-dibenzofurans.
(2) Not later than fifteen months after November 8, 1984, the
Administrator shall make a determination of whether or not to list
under subsection (b)(1) of this section the following wastes:
Chlorinated Aliphatics, Dioxin, Dimethyl Hydrazine, TDI (toluene
diisocyanate), Carbamates, Bromacil, Linuron, Organo-bromines,
solvents, refining wastes, chlorinated aromatics, dyes and
pigments, inorganic chemical industry wastes, lithium batteries,
coke byproducts, paint production wastes, and coal slurry pipeline
effluent.
(f) Delisting procedures
(1) When evaluating a petition to exclude a waste generated at a
particular facility from listing under this section, the
Administrator shall consider factors (including additional
constituents) other than those for which the waste was listed if
the Administrator has a reasonable basis to believe that such
additional factors could cause the waste to be a hazardous waste.
The Administrator shall provide notice and opportunity for comment
on these additional factors before granting or denying such
petition.
(2)(A) To the maximum extent practicable the Administrator shall
publish in the Federal Register a proposal to grant or deny a
petition referred to in paragraph (1) within twelve months after
receiving a complete application to exclude a waste generated at a
particular facility from being regulated as a hazardous waste and
shall grant or deny such a petition within twenty-four months after
receiving a complete application.
(B) The temporary granting of such a petition prior to November
8, 1984, without the opportunity for public comment and the full
consideration of such comments shall not continue for more than
twenty-four months after November 8, 1984. If a final decision to
grant or deny such a petition has not been promulgated after notice
and opportunity for public comment within the time limit prescribed
by the preceding sentence, any such temporary granting of such
petition shall cease to be in effect.
(g) EP toxicity
Not later than twenty-eight months after November 8, 1984, the
Administrator shall examine the deficiencies of the extraction
procedure toxicity characteristic as a predictor of the leaching
potential of wastes and make changes in the extraction procedure
toxicity characteristic, including changes in the leaching media,
as are necessary to insure that it accurately predicts the leaching
potential of wastes which pose a threat to human health and the
environment when mismanaged.
(h) Additional characteristics
Not later than two years after November 8, 1984, the
Administrator shall promulgate regulations under this section
identifying additional characteristics of hazardous waste,
including measures or indicators of toxicity.
(i) Clarification of household waste exclusion
A resource recovery facility recovering energy from the mass
burning of municipal solid waste shall not be deemed to be
treating, storing, disposing of, or otherwise managing hazardous
wastes for the purposes of regulation under this subchapter, if -
(1) such facility -
(A) receives and burns only -
(i) household waste (from single and multiple dwellings,
hotels, motels, and other residential sources), and
(ii) solid waste from commercial or industrial sources that
does not contain hazardous waste identified or listed under
this section, and
(B) does not accept hazardous wastes identified or listed
under this section, and
(2) the owner or operator of such facility has established
contractual requirements or other appropriate notification or
inspection procedures to assure that hazardous wastes are not
received at or burned in such facility.