42 U.S.C. § 6924 : US Code - Section 6924: Standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities

Search 42 U.S.C. § 6924 : US Code - Section 6924: Standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities

(a) In general
Not later than eighteen months after October 21, 1976, and after
opportunity for public hearings and after consultation with
appropriate Federal and State agencies, the Administrator shall
promulgate regulations establishing such performance standards,
applicable to owners and operators of facilities for the treatment,
storage, or disposal of hazardous waste identified or listed under
this subchapter, as may be necessary to protect human health and
the environment. In establishing such standards the Administrator
shall, where appropriate, distinguish in such standards between
requirements appropriate for new facilities and for facilities in
existence on the date of promulgation of such regulations. Such
standards shall include, but need not be limited to, requirements
respecting -
(1) maintaining records of all hazardous wastes identified or
listed under this chapter which is treated, stored, or disposed
of, as the case may be, and the manner in which such wastes were
treated, stored, or disposed of;
(2) satisfactory reporting, monitoring, and inspection and
compliance with the manifest system referred to in section
6922(5) (!1) of this title;
(3) treatment, storage, or disposal of all such waste received
by the facility pursuant to such operating methods, techniques,
and practices as may be satisfactory to the Administrator;
(4) the location, design, and construction of such hazardous
waste treatment, disposal, or storage facilities;
(5) contingency plans for effective action to minimize
unanticipated damage from any treatment, storage, or disposal of
any such hazardous waste;
(6) the maintenance of operation of such facilities and
requiring such additional qualifications as to ownership,
continuity of operation, training for personnel, and financial
responsibility (including financial responsibility for corrective
action) as may be necessary or desirable; and
(7) compliance with the requirements of section 6925 of this
title respecting permits for treatment, storage, or disposal.
No private entity shall be precluded by reason of criteria
established under paragraph (6) from the ownership or operation of
facilities providing hazardous waste treatment, storage, or
disposal services where such entity can provide assurances of
financial responsibility and continuity of operation consistent
with the degree and duration of risks associated with the
treatment, storage, or disposal of specified hazardous waste.
(b) Salt dome formations, salt bed formations, underground mines
and caves
(1) Effective on November 8, 1984, the placement of any
noncontainerized or bulk liquid hazardous waste in any salt dome
formation, salt bed formation, underground mine, or cave is
prohibited until such time as -
(A) the Administrator has determined, after notice and
opportunity for hearings on the record in the affected areas,
that such placement is protective of human health and the
environment;
(B) the Administrator has promulgated performance and
permitting standards for such facilities under this subchapter,
and;
(C) a permit has been issued under section 6925(c) of this
title for the facility concerned.
(2) Effective on November 8, 1984, the placement of any hazardous
waste other than a hazardous waste referred to in paragraph (1) in
a salt dome formation, salt bed formation, underground mine, or
cave is prohibited until such time as a permit has been issued
under section 6925(c) of this title for the facility concerned.
(3) No determination made by the Administrator under subsection
(d), (e), or (g) of this section regarding any hazardous waste to
which such subsection (d), (e), or (g) of this section applies
shall affect the prohibition contained in paragraph (1) or (2) of
this subsection.
(4) Nothing in this subsection shall apply to the Department of
Energy Waste Isolation Pilot Project in New Mexico.
(c) Liquids in landfills
(1) Effective 6 months after November 8, 1984, the placement of
bulk or noncontainerized liquid hazardous waste or free liquids
contained in hazardous waste (whether or not absorbents have been
added) in any landfill is prohibited. Prior to such date the
requirements (as in effect on April 30, 1983) promulgated under
this section by the Administrator regarding liquid hazardous waste
shall remain in force and effect to the extent such requirements
are applicable to the placement of bulk or noncontainerized liquid
hazardous waste, or free liquids contained in hazardous waste, in
landfills.
(2) Not later than fifteen months after November 8, 1984, the
Administrator shall promulgate final regulations which -
(A) minimize the disposal of containerized liquid hazardous
waste in landfills, and
(B) minimize the presence of free liquids in containerized
hazardous waste to be disposed of in landfills.
Such regulations shall also prohibit the disposal in landfills of
liquids that have been absorbed in materials that biodegrade or
that release liquids when compressed as might occur during routine
landfill operations. Prior to the date on which such final
regulations take effect, the requirements (as in effect on April
30, 1983) promulgated under this section by the Administrator shall
remain in force and effect to the extent such requirements are
applicable to the disposal of containerized liquid hazardous waste,
or free liquids contained in hazardous waste, in landfills.
(3) Effective twelve months after November 8, 1984, the placement
of any liquid which is not a hazardous waste in a landfill for
which a permit is required under section 6925(c) of this title or
which is operating pursuant to interim status granted under section
6925(e) of this title is prohibited unless the owner or operator of
such landfill demonstrates to the Administrator, or the
Administrator determines, that -
(A) the only reasonably available alternative to the placement
in such landfill is placement in a landfill or unlined surface
impoundment, whether or not permitted under section 6925(c) of
this title or operating pursuant to interim status under section
6925(e) of this title, which contains, or may reasonably be
anticipated to contain, hazardous waste; and
(B) placement in such owner or operator's landfill will not
present a risk of contamination of any underground source of
drinking water.
As used in subparagraph (B), the term "underground source of
drinking water" has the same meaning as provided in regulations
under the Safe Drinking Water Act (title XIV of the Public Health
Service Act) [42 U.S.C. 300f et seq.].
(4) No determination made by the Administrator under subsection
(d), (e), or (g) of this section regarding any hazardous waste to
which such subsection (d), (e), or (g) of this section applies
shall affect the prohibition contained in paragraph (1) of this
subsection.
(d) Prohibitions on land disposal of specified wastes
(1) Effective 32 months after November 8, 1984 (except as
provided in subsection (f) of this section with respect to
underground injection into deep injection wells), the land disposal
of the hazardous wastes referred to in paragraph (2) is prohibited
unless the Administrator determines the prohibition on one or more
methods of land disposal of such waste is not required in order to
protect human health and the environment for as long as the waste
remains hazardous, taking into account -
(A) the long-term uncertainties associated with land disposal,
(B) the goal of managing hazardous waste in an appropriate
manner in the first instance, and
(C) the persistence, toxicity, mobility, and propensity to
bioaccumulate of such hazardous wastes and their hazardous
constituents.
For the purposes of this paragraph, a method of land disposal may
not be determined to be protective of human health and the
environment for a hazardous waste referred to in paragraph (2)
(other than a hazardous waste which has complied with the
pretreatment regulations promulgated under subsection (m) of this
section), unless, upon application by an interested person, it has
been demonstrated to the Administrator, to a reasonable degree of
certainty, that there will be no migration of hazardous
constituents from the disposal unit or injection zone for as long
as the wastes remain hazardous.
(2) Paragraph (1) applies to the following hazardous wastes
listed or identified under section 6921 of this title:
(A) Liquid hazardous wastes, including free liquids associated
with any solid or sludge, containing free cyanides at
concentrations greater than or equal to 1,000 mg/l.
(B) Liquid hazardous wastes, including free liquids associated
with any solid or sludge, containing the following metals (or
elements) or compounds of these metals (or elements) at
concentrations greater than or equal to those specified below:
(i) arsenic and/or compounds (as As) 500 mg/l;
(ii) cadmium and/or compounds (as Cd) 100 mg/l;
(iii) chromium (VI and/or compounds (as Cr VI)) 500 mg/l;
(iv) lead and/or compounds (as Pb) 500 mg/l;
(v) mercury and/or compounds (as Hg) 20 mg/l;
(vi) nickel and/or compounds (as Ni) 134 mg/l;
(vii) selenium and/or compounds (as Se) 100 mg/l; and
(viii) thallium and/or compounds (as Th) 130 mg/l.
(C) Liquid hazardous waste having a pH less than or equal to
two (2.0).
(D) Liquid hazardous wastes containing polychlorinated
biphenyls at concentrations greater than or equal to 50 ppm.
(E) Hazardous wastes containing halogenated organic compounds
in total concentration greater than or equal to 1,000 mg/kg.
When necessary to protect human health and the environment, the
Administrator shall substitute more stringent concentration levels
than the levels specified in subparagraphs (A) through (E).
(3) During the period ending forty-eight months after November 8,
1984, this subsection shall not apply to any disposal of
contaminated soil or debris resulting from a response action taken
under section 9604 or 9606 of this title or a corrective action
required under this subchapter.
(e) Solvents and dioxins
(1) Effective twenty-four months after November 8, 1984 (except
as provided in subsection (f) of this section with respect to
underground injection into deep injection wells), the land disposal
of the hazardous wastes referred to in paragraph (2) is prohibited
unless the Administrator determines the prohibition of one or more
methods of land disposal of such waste is not required in order to
protect human health and the environment for as long as the waste
remains hazardous, taking into account the factors referred to in
subparagraph (A) through (C) of subsection (d)(1) of this section.
For the purposes of this paragraph, a method of land disposal may
not be determined to be protective of human health and the
environment for a hazardous waste referred to in paragraph (2)
(other than a hazardous waste which has complied with the
pretreatment regulations promulgated under subsection (m) of this
section), unless upon application by an interested person it has
been demonstrated to the Administrator, to a reasonable degree of
certainty, that there will be no migration of hazardous
constituents from the disposal unit or injection zone for as long
as the wastes remain hazardous.
(2) The hazardous wastes to which the prohibition under paragraph
(1) applies are as follows -
(A) dioxin-containing hazardous wastes numbered F020, F021,
F022, and F023 (as referred to in the proposed rule published by
the Administrator in the Federal Register for April 4, 1983), and
(B) those hazardous wastes numbered F001, F002, F003, F004, and
F005 in regulations promulgated by the Administrator under
section 6921 of this title (40 C.F.R. 261.31 (July 1, 1983)), as
those regulations are in effect on July 1, 1983.
(3) During the period ending forty-eight months after November 8,
1984, this subsection shall not apply to any disposal of
contaminated soil or debris resulting from a response action taken
under section 9604 or 9606 of this title or a corrective action
required under this subchapter.
(f) Disposal into deep injection wells; specified subsection (d)
wastes; solvents and dioxins
(1) Not later than forty-five months after November 8, 1984, the
Administrator shall complete a review of the disposal of all
hazardous wastes referred to in paragraph (2) of subsection (d) of
this section and in paragraph (2) of subsection (e) of this section
by underground injection into deep injection wells.
(2) Within forty-five months after November 8, 1984, the
Administrator shall make a determination regarding the disposal by
underground injection into deep injection wells of the hazardous
wastes referred to in paragraph (2) of subsection (d) of this
section and the hazardous wastes referred to in paragraph (2) of
subsection (e) of this section. The Administrator shall promulgate
final regulations prohibiting the disposal of such wastes into such
wells if it may reasonably be determined that such disposal may not
be protective of human health and the environment for as long as
the waste remains hazardous, taking into account the factors
referred to in subparagraphs (A) through (C) of subsection (d)(1)
of this section. In promulgating such regulations, the
Administrator shall consider each hazardous waste referred to in
paragraph (2) of subsection (d) of this section or in paragraph (2)
of subsection (e) of this section which is prohibited from disposal
into such wells by any State.
(3) If the Administrator fails to make a determination under
paragraph (2) for any hazardous waste referred to in paragraph (2)
of subsection (d) of this section or in paragraph (2) of subsection
(e) of this section within forty-five months after November 8,
1984, such hazardous waste shall be prohibited from disposal into
any deep injection well.
(4) As used in this subsection, the term "deep injection well"
means a well used for the underground injection of hazardous waste
other than a well to which section 6979a(a) (!2) of this title
applies.
(g) Additional land disposal prohibition determinations
(1) Not later than twenty-four months after November 8, 1984, the
Administrator shall submit a schedule to Congress for -
(A) reviewing all hazardous wastes listed (as of November 8,
1984) under section 6921 of this title other than those wastes
which are referred to in subsection (d) or (e) of this section;
and
(B) taking action under paragraph (5) of this subsection with
respect to each such hazardous waste.
(2) The Administrator shall base the schedule on a ranking of
such listed wastes considering their intrinsic hazard and their
volume such that decisions regarding the land disposal of high
volume hazardous wastes with high intrinsic hazard shall, to the
maximum extent possible, be made by the date forty-five months
after November 8, 1984. Decisions regarding low volume hazardous
wastes with lower intrinsic hazard shall be made by the date sixty-
six months after November 8, 1984.
(3) The preparation and submission of the schedule under this
subsection shall not be subject to the Paperwork Reduction Act of
1980.(!2) No hearing on the record shall be required for purposes
of preparation or submission of the schedule. The schedule shall
not be subject to judicial review.
(4) The schedule under this subsection shall require that the
Administrator shall promulgate regulations in accordance with
paragraph (5) or make a determination under paragraph (5) -
(A) for at least one-third of all hazardous wastes referred to
in paragraph (1) by the date forty-five months after November 8,
1984;
(B) for at least two-thirds of all such listed wastes by the
date fifty-five months after November 8, 1984; and
(C) for all such listed wastes and for all hazardous wastes
identified under section 6921 of this title by the date sixty-six
months after November 8, 1984.
In the case of any hazardous waste identified or listed under
section 6921 of this title after November 8, 1984, the
Administrator shall determine whether such waste shall be
prohibited from one or more methods of land disposal in accordance
with paragraph (5) within six months after the date of such
identification or listing.
(5) Not later than the date specified in the schedule published
under this subsection, the Administrator shall promulgate final
regulations prohibiting one or more methods of land disposal of the
hazardous wastes listed on such schedule except for methods of land
disposal which the Administrator determines will be protective of
human health and the environment for as long as the waste remains
hazardous, taking into account the factors referred to in
subparagraphs (A) through (C) of subsection (d)(1) of this section.
For the purposes of this paragraph, a method of land disposal may
not be determined to be protective of human health and the
environment (except with respect to a hazardous waste which has
complied with the pretreatment regulations promulgated under
subsection (m) of this section) unless, upon application by an
interested person, it has been demonstrated to the Administrator,
to a reasonable degree of certainty, that there will be no
migration of hazardous constituents from the disposal unit or
injection zone for as long as the wastes remain hazardous.
(6)(A) If the Administrator fails (by the date forty-five months
after November 8, 1984) to promulgate regulations or make a
determination under paragraph (5) for any hazardous waste which is
included in the first one-third of the schedule published under
this subsection, such hazardous waste may be disposed of in a
landfill or surface impoundment only if -
(i) such facility is in compliance with the requirements of
subsection (o) of this section which are applicable to new
facilities (relating to minimum technological requirements); and
(ii) prior to such disposal, the generator has certified to the
Administrator that such generator has investigated the
availability of treatment capacity and has determined that the
use of such landfill or surface impoundment is the only practical
alternative to treatment currently available to the generator.
The prohibition contained in this subparagraph shall continue to
apply until the Administrator promulgates regulations or makes a
determination under paragraph (5) for the waste concerned.
(B) If the Administrator fails (by the date 55 months after
November 8, 1984) to promulgate regulations or make a determination
under paragraph (5) for any hazardous waste which is included in
the first two-thirds of the schedule published under this
subsection, such hazardous waste may be disposed of in a landfill
or surface impoundment only if -
(i) such facility is in compliance with the requirements of
subsection (o) of this section which are applicable to new
facilities (relating to minimum technological requirements); and
(ii) prior to such disposal, the generator has certified to the
Administrator that such generator has investigated the
availability of treatment capacity and has determined that the
use of such landfill or surface impoundment is the only practical
alternative to treatment currently available to the generator.
The prohibition contained in this subparagraph shall continue to
apply until the Administrator promulgates regulations or makes a
determination under paragraph (5) for the waste concerned.
(C) If the Administrator fails to promulgate regulations, or make
a determination under paragraph (5) for any hazardous waste
referred to in paragraph (1) within 66 months after November 8,
1984, such hazardous waste shall be prohibited from land disposal.
(7) Solid waste identified as hazardous based solely on one or
more characteristics shall not be subject to this subsection, any
prohibitions under subsection (d), (e), or (f) of this section, or
any requirement promulgated under subsection (m) of this section
(other than any applicable specific methods of treatment, as
provided in paragraph (8)) if the waste -
(A) is treated in a treatment system that subsequently
discharges to waters of the United States pursuant to a permit
issued under section 1342 of title 33, treated for the purposes
of the pretreatment requirements of section 1317 of title 33, or
treated in a zero discharge system that, prior to any permanent
land disposal, engages in treatment that is equivalent to
treatment required under section 1342 of title 33 for discharges
to waters of the United States, as determined by the
Administrator; and
(B) no longer exhibits a hazardous characteristic prior to
management in any land-based solid waste management unit.
(8) Solid waste that otherwise qualifies under paragraph (7)
shall nevertheless be required to meet any applicable specific
methods of treatment specified for such waste by the Administrator
under subsection (m) of this section, including those specified in
the rule promulgated by the Administrator June 1, 1990, prior to
management in a land-based unit as part of a treatment system
specified in paragraph (7)(A). No solid waste may qualify under
paragraph (7) that would generate toxic gases, vapors, or fumes due
to the presence of cyanide when exposed to pH conditions between
2.0 and 12.5.
(9) Solid waste identified as hazardous based on one or more
characteristics alone shall not be subject to this subsection, any
prohibitions under subsection (d), (e), or (f) of this section, or
any requirement promulgated under subsection (m) of this section if
the waste no longer exhibits a hazardous characteristic at the
point of injection in any Class I injection well permitted under
section 300h-1 of this title.
(10) Not later than five years after March 26, 1996, the
Administrator shall complete a study of hazardous waste managed
pursuant to paragraph (7) or (9) to characterize the risks to human
health or the environment associated with such management. In
conducting this study, the Administrator shall evaluate the extent
to which risks are adequately addressed under existing State or
Federal programs and whether unaddressed risks could be better
addressed under such laws or programs. Upon receipt of additional
information or upon completion of such study and as necessary to
protect human health and the environment, the Administrator may
impose additional requirements under existing Federal laws,
including subsection (m)(1) of this section, or rely on other State
or Federal programs or authorities to address such risks. In
promulgating any treatment standards pursuant to subsection (m)(1)
of this section under the previous sentence, the Administrator
shall take into account the extent to which treatment is occurring
in land-based units as part of a treatment system specified in
paragraph (7)(A).
(11) Nothing in paragraph (7) or (9) shall be interpreted or
applied to restrict any inspection or enforcement authority under
the provisions of this chapter.
(h) Variance from land disposal prohibitions
(1) A prohibition in regulations under subsection (d), (e), (f),
or (g) of this section shall be effective immediately upon
promulgation.
(2) The Administrator may establish an effective date different
from the effective date which would otherwise apply under
subsection (d), (e), (f), or (g) of this section with respect to a
specific hazardous waste which is subject to a prohibition under
subsection (d), (e), (f), or (g) of this section or under
regulations under subsection (d), (e), (f), or (g) of this section.
Any such other effective date shall be established on the basis of
the earliest date on which adequate alternative treatment,
recovery, or disposal capacity which protects human health and the
environment will be available. Any such other effective date shall
in no event be later than 2 years after the effective date of the
prohibition which would otherwise apply under subsection (d), (e),
(f), or (g) of this section.
(3) The Administrator, after notice and opportunity for comment
and after consultation with appropriate State agencies in all
affected States, may on a case-by-case basis grant an extension of
the effective date which would otherwise apply under subsection
(d), (e), (f), or (g) of this section or under paragraph (2) for up
to one year, where the applicant demonstrates that there is a
binding contractual commitment to construct or otherwise provide
such alternative capacity but due to circumstances beyond the
control of such applicant such alternative capacity cannot
reasonably be made available by such effective date. Such extension
shall be renewable once for no more than one additional year.
(4) Whenever another effective date (hereinafter referred to as a
"variance") is established under paragraph (2), or an extension is
granted under paragraph (3), with respect to any hazardous waste,
during the period for which such variance or extension is in
effect, such hazardous waste may be disposed of in a landfill or
surface impoundment only if such facility is in compliance with the
requirements of subsection (o) of this section.
(i) Publication of determination
If the Administrator determines that a method of land disposal
will be protective of human health and the environment, he shall
promptly publish in the Federal Register notice of such
determination, together with an explanation of the basis for such
determination.
(j) Storage of hazardous waste prohibited from land disposal
In the case of any hazardous waste which is prohibited from one
or more methods of land disposal under this section (or under
regulations promulgated by the Administrator under any provision of
this section) the storage of such hazardous waste is prohibited
unless such storage is solely for the purpose of the accumulation
of such quantities of hazardous waste as are necessary to
facilitate proper recovery, treatment or disposal.
(k) "Land disposal" defined
For the purposes of this section, the term "land disposal", when
used with respect to a specified hazardous waste, shall be deemed
to include, but not be limited to, any placement of such hazardous
waste in a landfill, surface impoundment, waste pile, injection
well, land treatment facility, salt dome formation, salt bed
formation, or underground mine or cave.
(l) Ban on dust suppression
The use of waste or used oil or other material, which is
contaminated or mixed with dioxin or any other hazardous waste
identified or listed under section 6921 of this title (other than a
waste identified solely on the basis of ignitability), for dust
suppression or road treatment is prohibited.
(m) Treatment standards for wastes subject to land disposal
prohibition
(1) Simultaneously with the promulgation of regulations under
subsection (d), (e), (f), or (g) of this section prohibiting one or
more methods of land disposal of a particular hazardous waste, and
as appropriate thereafter, the Administrator shall, after notice
and an opportunity for hearings and after consultation with
appropriate Federal and State agencies, promulgate regulations
specifying those levels or methods of treatment, if any, which
substantially diminish the toxicity of the waste or substantially
reduce the likelihood of migration of hazardous constituents from
the waste so that short-term and long-term threats to human health
and the environment are minimized.
(2) If such hazardous waste has been treated to the level or by a
method specified in regulations promulgated under this subsection,
such waste or residue thereof shall not be subject to any
prohibition promulgated under subsection (d), (e), (f), or (g) of
this section and may be disposed of in a land disposal facility
which meets the requirements of this subchapter. Any regulation
promulgated under this subsection for a particular hazardous waste
shall become effective on the same date as any applicable
prohibition promulgated under subsection (d), (e), (f), or (g) of
this section.
(n) Air emissions
Not later than thirty months after November 8, 1984, the
Administrator shall promulgate such regulations for the monitoring
and control of air emissions at hazardous waste treatment, storage,
and disposal facilities, including but not limited to open tanks,
surface impoundments, and landfills, as may be necessary to protect
human health and the environment.
(o) Minimum technological requirements
(1) The regulations under subsection (a) of this section shall be
revised from time to time to take into account improvements in the
technology of control and measurement. At a minimum, such
regulations shall require, and a permit issued pursuant to section
6925(c) of this title after November 8, 1984, by the Administrator
or a State shall require -
(A) for each new landfill or surface impoundment, each new
landfill or surface impoundment unit at an existing facility,
each replacement of an existing landfill or surface impoundment
unit, and each lateral expansion of an existing landfill or
surface impoundment unit, for which an application for a final
determination regarding issuance of a permit under section
6925(c) of this title is received after November 8, 1984 -
(i) the installation of two or more liners and a leachate
collection system above (in the case of a landfill) and between
such liners; and
(ii) ground water monitoring; and
(B) for each incinerator which receives a permit under section
6925(c) of this title after November 8, 1984, the attainment of
the minimum destruction and removal efficiency required by
regulations in effect on June 24, 1982.
The requirements of this paragraph shall apply with respect to all
waste received after the issuance of the permit.
(2) Paragraph (1)(A)(i) shall not apply if the owner or operator
demonstrates to the Administrator, and the Administrator finds for
such landfill or surface impoundment, that alternative design and
operating practices, together with location characteristics, will
prevent the migration of any hazardous constituents into the ground
water or surface water at least as effectively as such liners and
leachate collection systems.
(3) The double-liner requirement set forth in paragraph (1)(A)(i)
may be waived by the Administrator for any monofill, if -
(A) such monofill contains only hazardous wastes from foundry
furnace emission controls or metal casting molding sand,
(B) such wastes do not contain constituents which would render
the wastes hazardous for reasons other than the Extraction
Procedure ("EP") toxicity characteristics set forth in
regulations under this subchapter, and
(C) such monofill meets the same requirements as are applicable
in the case of a waiver under section 6925(j)(2) or (4) of this
title.
(4)(A) Not later than thirty months after November 8, 1984, the
Administrator shall promulgate standards requiring that new
landfill units, surface impoundment units, waste piles, underground
tanks and land treatment units for the storage, treatment, or
disposal of hazardous waste identified or listed under section 6921
of this title shall be required to utilize approved leak detection
systems.
(B) For the purposes of subparagraph (A) -
(i) the term "approved leak detection system" means a system or
technology which the Administrator determines to be capable of
detecting leaks of hazardous constituents at the earliest
practicable time; and
(ii) the term "new units" means units on which construction
commences after the date of promulgation of regulations under
this paragraph.
(5)(A) The Administrator shall promulgate regulations or issue
guidance documents implementing the requirements of paragraph
(1)(A) within two years after November 8, 1984.
(B) Until the effective date of such regulations or guidance
documents, the requirement for the installation of two or more
liners may be satisfied by the installation of a top liner
designed, operated, and constructed of materials to prevent the
migration of any constituent into such liner during the period such
facility remains in operation (including any post-closure
monitoring period), and a lower liner designed, operated (!3) and
constructed to prevent the migration of any constituent through
such liner during such period. For the purpose of the preceding
sentence, a lower liner shall be deemed to satisfy such requirement
if it is constructed of at least a 3-foot thick layer of
recompacted clay or other natural material with a permeability of
no more than 1*10-7 centimeter per second.
(6) Any permit under section 6925 of this title which is issued
for a landfill located within the State of Alabama shall require
the installation of two or more liners and a leachate collection
system above and between such liners, notwithstanding any other
provision of this chapter.
(7) In addition to the requirements set forth in this subsection,
the regulations referred to in paragraph (1) shall specify criteria
for the acceptable location of new and existing treatment, storage,
or disposal facilities as necessary to protect human health and the
environment. Within 18 months after November 8, 1984, the
Administrator shall publish guidance criteria identifying areas of
vulnerable hydrogeology.
(p) Ground water monitoring
The standards under this section concerning ground water
monitoring which are applicable to surface impoundments, waste
piles, land treatment units, and landfills shall apply to such a
facility whether or not -
(1) the facility is located above the seasonal high water
table;
(2) two liners and a leachate collection system have been
installed at the facility; or
(3) the owner or operator inspects the liner (or liners) which
has been installed at the facility.
This subsection shall not be construed to affect other exemptions
or waivers from such standards provided in regulations in effect on
November 8, 1984, or as may be provided in revisions to those
regulations, to the extent consistent with this subsection. The
Administrator is authorized on a case-by-case basis to exempt from
ground water monitoring requirements under this section (including
subsection (o) of this section) any engineered structure which the
Administrator finds does not receive or contain liquid waste (nor
waste containing free liquids), is designed and operated to exclude
liquid from precipitation or other runoff, utilizes multiple leak
detection systems within the outer layer of containment, and
provides for continuing operation and maintenance of these leak
detection systems during the operating period, closure, and the
period required for post-closure monitoring and for which the
Administrator concludes on the basis of such findings that there is
a reasonable certainty hazardous constituents will not migrate
beyond the outer layer of containment prior to the end of the
period required for post-closure monitoring.
(q) Hazardous waste used as fuel
(1) Not later than two years after November 8, 1984, and after
notice and opportunity for public hearing, the Administrator shall
promulgate regulations establishing such -
(A) standards applicable to the owners and operators of
facilities which produce a fuel -
(i) from any hazardous waste identified or listed under
section 6921 of this title, or
(ii) from any hazardous waste identified or listed under
section 6921 of this title and any other material;
(B) standards applicable to the owners and operators of
facilities which burn, for purposes of energy recovery, any fuel
produced as provided in subparagraph (A) or any fuel which
otherwise contains any hazardous waste identified or listed under
section 6921 of this title; and
(C) standards applicable to any person who distributes or
markets any fuel which is produced as provided in subparagraph
(A) or any fuel which otherwise contains any hazardous waste
identified or listed under section 6921 of this title;
as may be necessary to protect human health and the environment.
Such standards may include any of the requirements set forth in
paragraphs (1) through (7) of subsection (a) of this section as may
be appropriate. Nothing in this subsection shall be construed to
affect or impair the provisions of section 6921(b)(3) of this
title. For purposes of this subsection, the term "hazardous waste
listed under section 6921 of this title" includes any commercial
chemical product which is listed under section 6921 of this title
and which, in lieu of its original intended use, is (i) produced
for use as (or as a component of) a fuel, (ii) distributed for use
as a fuel, or (iii) burned as a fuel.
(2)(A) This subsection, subsection (r) of this section, and
subsection (s) of this section shall not apply to petroleum
refinery wastes containing oil which are converted into petroleum
coke at the same facility at which such wastes were generated,
unless the resulting coke product would exceed one or more
characteristics by which a substance would be identified as a
hazardous waste under section 6921 of this title.
(B) The Administrator may exempt from the requirements of this
subsection, subsection (r) of this section, or subsection (s) of
this section facilities which burn de minimis quantities of
hazardous waste as fuel, as defined by the Administrator, if the
wastes are burned at the same facility at which such wastes are
generated; the waste is burned to recover useful energy, as
determined by the Administrator on the basis of the design and
operating characteristics of the facility and the heating value and
other characteristics of the waste; and the waste is burned in a
type of device determined by the Administrator to be designed and
operated at a destruction and removal efficiency sufficient such
that protection of human health and environment is assured.
(C)(i) After November 8, 1984, and until standards are
promulgated and in effect under paragraph (2) of this subsection,
no fuel which contains any hazardous waste may be burned in any
cement kiln which is located within the boundaries of any
incorporated municipality with a population greater than five
hundred thousand (based on the most recent census statistics)
unless such kiln fully complies with regulations (as in effect on
November 8, 1984) under this subchapter which are applicable to
incinerators.
(ii) Any person who knowingly violates the prohibition contained
in clause (i) shall be deemed to have violated section 6928(d)(2)
of this title.
(r) Labeling
(1) Notwithstanding any other provision of law, until such time
as the Administrator promulgates standards under subsection (q) of
this section specifically superceding this requirement, it shall be
unlawful for any person who is required to file a notification in
accordance with paragraph (1) or (3) of section 6930 of this title
to distribute or market any fuel which is produced from any
hazardous waste identified or listed under section 6921 of this
title, or any fuel which otherwise contains any hazardous waste
identified or listed under section 6921 of this title if the
invoice or the bill of sale fails -
(A) to bear the following statement: "WARNING: THIS FUEL
CONTAINS HAZARDOUS WASTES", and
(B) to list the hazardous wastes contained therein.
Beginning ninety days after November 8, 1984, such statement shall
be located in a conspicuous place on every such invoice or bill of
sale and shall appear in conspicuous and legible type in contrast
by typography, layouts, or color with other printed matter on the
invoice or bill of sale.
(2) Unless the Administrator determines otherwise as may be
necessary to protect human health and the environment, this
subsection shall not apply to fuels produced from petroleum
refining waste containing oil if -
(A) such materials are generated and reinserted onsite into the
refining process;
(B) contaminants are removed; and
(C) such refining waste containing oil is converted along with
normal process streams into petroleum-derived fuel products at a
facility at which crude oil is refined into petroleum products
and which is classified as a number SIC 2911 facility under the
Office of Management and Budget Standard Industrial
Classification Manual.
(3) Unless the Administrator determines otherwise as may be
necessary to protect human health and the environment, this
subsection shall not apply to fuels produced from oily materials,
resulting from normal petroleum refining, production and
transportation practices, if (A) contaminants are removed; and (B)
such oily materials are converted along with normal process streams
into petroleum-derived fuel products at a facility at which crude
oil is refined into petroleum products and which is classified as a
number SIC 2911 facility under the Office of Management and Budget
Standard Industrial Classification Manual.
(s) Recordkeeping
Not later than fifteen months after November 8, 1984, the
Administrator shall promulgate regulations requiring that any
person who is required to file a notification in accordance with
subparagraph (1), (2), or (3), of section 6930(a) of this title
shall maintain such records regarding fuel blending, distribution,
or use as may be necessary to protect human health and the
environment.
(t) Financial responsibility provisions
(1) Financial responsibility required by subsection (a) of this
section may be established in accordance with regulations
promulgated by the Administrator by any one, or any combination, of
the following: insurance, guarantee, surety bond, letter of credit,
or qualification as a self-insurer. In promulgating requirements
under this section, the Administrator is authorized to specify
policy or other contractual terms, conditions, or defenses which
are necessary or are unacceptable in establishing such evidence of
financial responsibility in order to effectuate the purposes of
this chapter.
(2) In any case where the owner or operator is in bankruptcy,
reorganization, or arrangement pursuant to the Federal Bankruptcy
Code or where (with reasonable diligence) jurisdiction in any State
court or any Federal Court cannot be obtained over an owner or
operator likely to be solvent at the time of judgment, any claim
arising from conduct for which evidence of financial responsibility
must be provided under this section may be asserted directly
against the guarantor providing such evidence of financial
responsibility. In the case of any action pursuant to this
subsection, such guarantor shall be entitled to invoke all rights
and defenses which would have been available to the owner or
operator if any action had been brought against the owner or
operator by the claimant and which would have been available to the
guarantor if an action had been brought against the guarantor by
the owner or operator.
(3) The total liability of any guarantor shall be limited to the
aggregate amount which the guarantor has provided as evidence of
financial responsibility to the owner or operator under this
chapter. Nothing in this subsection shall be construed to limit any
other State or Federal statutory, contractual or common law
liability of a guarantor to its owner or operator including, but
not limited to, the liability of such guarantor for bad faith
either in negotiating or in failing to negotiate the settlement of
any claim. Nothing in this subsection shall be construed to
diminish the liability of any person under section 9607 or 9611 of
this title or other applicable law.
(4) For the purpose of this subsection, the term "guarantor"
means any person, other than the owner or operator, who provides
evidence of financial responsibility for an owner or operator under
this section.
(u) Continuing releases at permitted facilities
Standards promulgated under this section shall require, and a
permit issued after November 8, 1984, by the Administrator or a
State shall require, corrective action for all releases of
hazardous waste or constituents from any solid waste management
unit at a treatment, storage, or disposal facility seeking a permit
under this subchapter, regardless of the time at which waste was
placed in such unit. Permits issued under section 6925 of this
title shall contain schedules of compliance for such corrective
action (where such corrective action cannot be completed prior to
issuance of the permit) and assurances of financial responsibility
for completing such corrective action.
(v) Corrective action beyond facility boundary
As promptly as practicable after November 8, 1984, the
Administrator shall amend the standards under this section
regarding corrective action required at facilities for the
treatment, storage, or disposal, of hazardous waste listed or
identified under section 6921 of this title to require that
corrective action be taken beyond the facility boundary where
necessary to protect human health and the environment unless the
owner or operator of the facility concerned demonstrates to the
satisfaction of the Administrator that, despite the owner or
operator's best efforts, the owner or operator was unable to obtain
the necessary permission to undertake such action. Such regulations
shall take effect immediately upon promulgation, notwithstanding
section 6930(b) of this title, and shall apply to -
(1) all facilities operating under permits issued under
subsection (c) of this section, and
(2) all landfills, surface impoundments, and waste pile units
(including any new units, replacements of existing units, or
lateral expansions of existing units) which receive hazardous
waste after July 26, 1982.
Pending promulgation of such regulations, the Administrator shall
issue corrective action orders for facilities referred to in
paragraphs (1) and (2), on a case-by-case basis, consistent with
the purposes of this subsection.
(w) Underground tanks
Not later than March 1, 1985, the Administrator shall promulgate
final permitting standards under this section for underground tanks
that cannot be entered for inspection. Within forty-eight months
after November 8, 1984, such standards shall be modified, if
necessary, to cover at a minimum all requirements and standards
described in section 6991b of this title.
(x) Mining and other special wastes
If (1) solid waste from the extraction, beneficiation or
processing of ores and minerals, including phosphate rock and
overburden from the mining of uranium, (2) 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, or (3) cement kiln dust waste, is subject to regulation
under this subchapter, the Administrator is authorized to modify
the requirements of subsections (c), (d), (e), (f), (g), (o), and
(u) of this section and section 6925(j) of this title, in the case
of landfills or surface impoundments receiving such solid waste, to
take into account the special characteristics of such wastes, the
practical difficulties associated with implementation of such
requirements, and site-specific characteristics, including but not
limited to the climate, geology, hydrology and soil chemistry at
the site, so long as such modified requirements assure protection
of human health and the environment.
(y) Munitions
(1) Not later than 6 months after October 6, 1992, the
Administrator shall propose, after consulting with the Secretary of
Defense and appropriate State officials, regulations identifying
when military munitions become hazardous waste for purposes of this
subchapter and providing for the safe transportation and storage of
such waste. Not later than 24 months after October 6, 1992, and
after notice and opportunity for comment, the Administrator shall
promulgate such regulations. Any such regulations shall assure
protection of human health and the environment.
(2) For purposes of this subsection, the term "military
munitions" includes chemical and conventional munitions.