42 U.S.C. § 6939c : US Code - Section 6939C: Mixed waste inventory reports and plan

Search 42 U.S.C. § 6939c : US Code - Section 6939C: Mixed waste inventory reports and plan

(a) Mixed waste inventory reports
(1) Requirement
Not later than 180 days after October 6, 1992, the Secretary of
Energy shall submit to the Administrator and to the Governor of
each State in which the Department of Energy stores or generates
mixed wastes the following reports:
(A) A report containing a national inventory of all such
mixed wastes, regardless of the time they were generated, on a
State-by-State basis.
(B) A report containing a national inventory of mixed waste
treatment capacities and technologies.
(2) Inventory of wastes
The report required by paragraph (1)(A) shall include the
following:
(A) A description of each type of mixed waste at each
Department of Energy facility in each State, including, at a
minimum, the name of the waste stream.
(B) The amount of each type of mixed waste currently stored
at each Department of Energy facility in each State, set forth
separately by mixed waste that is subject to the land disposal
prohibition requirements of section 6924 of this title and
mixed waste that is not subject to such prohibition
requirements.
(C) An estimate of the amount of each type of mixed waste the
Department expects to generate in the next 5 years at each
Department of Energy facility in each State.
(D) A description of any waste minimization actions the
Department has implemented at each Department of Energy
facility in each State for each mixed waste stream.
(E) The EPA hazardous waste code for each type of mixed waste
containing waste that has been characterized at each Department
of Energy facility in each State.
(F) An inventory of each type of waste that has not been
characterized by sampling and analysis at each Department of
Energy facility in each State.
(G) The basis for the Department's determination of the
applicable hazardous waste code for each type of mixed waste at
each Department of Energy facility and a description of whether
the determination is based on sampling and analysis conducted
on the waste or on the basis of process knowledge.
(H) A description of the source of each type of mixed waste
at each Department of Energy facility in each State.
(I) The land disposal prohibition treatment technology or
technologies specified for the hazardous waste component of
each type of mixed waste at each Department of Energy facility
in each State.
(J) A statement of whether and how the radionuclide content
of the waste alters or affects use of the technologies
described in subparagraph (I).
(3) Inventory of treatment capacities and technologies
The report required by paragraph (1)(B) shall include the
following:
(A) An estimate of the available treatment capacity for each
waste described in the report required by paragraph (1)(A) for
which treatment technologies exist.
(B) A description, including the capacity, number and
location, of each treatment unit considered in calculating the
estimate under subparagraph (A).
(C) A description, including the capacity, number and
location, of any existing treatment unit that was not
considered in calculating the estimate under subparagraph (A)
but that could, alone or in conjunction with other treatment
units, be used to treat any of the wastes described in the
report required by paragraph (1)(A) to meet the requirements of
regulations promulgated pursuant to section 6924(m) of this
title.
(D) For each unit listed in subparagraph (C), a statement of
the reasons why the unit was not included in calculating the
estimate under subparagraph (A).
(E) A description, including the capacity, number, location,
and estimated date of availability, of each treatment unit
currently proposed to increase the treatment capacities
estimated under subparagraph (A).
(F) For each waste described in the report required by
paragraph (1)(A) for which the Department has determined no
treatment technology exists, information sufficient to support
such determination and a description of the technological
approaches the Department anticipates will need to be developed
to treat the waste.
(4) Comments and revisions
Not later than 90 days after the date of the submission of the
reports by the Secretary of Energy under paragraph (1), the
Administrator and each State which received the reports shall
submit any comments they may have concerning the reports to the
Department of Energy. The Secretary of Energy shall consider and
publish the comments prior to publication of the final report.
(5) Requests for additional information
Nothing in this subsection limits or restricts the authority of
States or the Administrator to request additional information
from the Secretary of Energy.
(b) Plan for development of treatment capacities and technologies
(1) Plan requirement
(A)(i) For each facility at which the Department of Energy
generates or stores mixed wastes, except any facility subject to
a permit, agreement, or order described in clause (ii), the
Secretary of Energy shall develop and submit, as provided in
paragraph (2), a plan for developing treatment capacities and
technologies to treat all of the facility's mixed wastes,
regardless of the time they were generated, to the standards
promulgated pursuant to section 6924(m) of this title.
(ii) Clause (i) shall not apply with respect to any facility
subject to any permit establishing a schedule for treatment of
such wastes, or any existing agreement or administrative or
judicial order governing the treatment of such wastes, to which
the State is a party.
(B) Each plan shall contain the following:
(i) For mixed wastes for which treatment technologies exist,
a schedule for submitting all applicable permit applications,
entering into contracts, initiating construction, conducting
systems testing, commencing operations, and processing
backlogged and currently generated mixed wastes.
(ii) For mixed wastes for which no treatment technologies
exist, a schedule for identifying and developing such
technologies, identifying the funding requirements for the
identification and development of such technologies, submitting
treatability study exemptions, and submitting research and
development permit applications.
(iii) For all cases where the Department proposes
radionuclide separation of mixed wastes, or materials derived
from mixed wastes, it shall provide an estimate of the volume
of waste generated by each case of radionuclide separation, the
volume of waste that would exist or be generated without
radionuclide separation, the estimated costs of waste treatment
and disposal if radionuclide separation is used compared to the
estimated costs if it is not used, and the assumptions
underlying such waste volume and cost estimates.
(C) A plan required under this subsection may provide for
centralized, regional, or on-site treatment of mixed wastes, or
any combination thereof.
(2) Review and approval of plan
(A) For each facility that is located in a State (i) with
authority under State law to prohibit land disposal of mixed
waste until the waste has been treated and (ii) with both
authority under State law to regulate the hazardous components of
mixed waste and authorization from the Environmental Protection
Agency under section 6926 of this title to regulate the hazardous
components of mixed waste, the Secretary of Energy shall submit
the plan required under paragraph (1) to the appropriate State
regulatory officials for their review and approval, modification,
or disapproval. In reviewing the plan, the State shall consider
the need for regional treatment facilities. The State shall
consult with the Administrator and any other State in which a
facility affected by the plan is located and consider public
comments in making its determination on the plan. The State shall
approve, approve with modifications, or disapprove the plan
within 6 months after receipt of the plan.
(B) For each facility located in a State that does not have the
authority described in subparagraph (A), the Secretary shall
submit the plan required under paragraph (1) to the Administrator
of the Environmental Protection Agency for review and approval,
modification, or disapproval. A copy of the plan also shall be
provided by the Secretary to the State in which such facility is
located. In reviewing the plan, the Administrator shall consider
the need for regional treatment facilities. The Administrator
shall consult with the State or States in which any facility
affected by the plan is located and consider public comments in
making a determination on the plan. The Administrator shall
approve, approve with modifications, or disapprove the plan
within 6 months after receipt of the plan.
(C) Upon the approval of a plan under this paragraph by the
Administrator or a State, the Administrator shall issue an order
under section 6928(a) of this title, or the State shall issue an
order under appropriate State authority, requiring compliance
with the approved plan.
(3) Public participation
Upon submission of a plan by the Secretary of Energy to the
Administrator or a State, and before approval of the plan by the
Administrator or a State, the Administrator or State shall
publish a notice of the availability of the submitted plan and
make such submitted plan available to the public on request.
(4) Revisions of plan
If any revisions of an approved plan are proposed by the
Secretary of Energy or required by the Administrator or a State,
the provisions of paragraphs (2) and (3) shall apply to the
revisions in the same manner as they apply to the original plan.
(5) Waiver of plan requirement
(A) A State may waive the requirement for the Secretary of
Energy to develop and submit a plan under this subsection for a
facility located in the State if the State (i) enters into an
agreement with the Secretary of Energy that addresses compliance
at that facility with section 6924(j) of this title with respect
to mixed waste, and (ii) issues an order requiring compliance
with such agreement and which is in effect.
(B) Any violation of an agreement or order referred to in
subparagraph (A) is subject to the waiver of sovereign immunity
contained in section 6961(a) of this title.
(c) Schedule and progress reports
(1) Schedule
Not later than 6 months after October 6, 1992, the Secretary of
Energy shall publish in the Federal Register a schedule for
submitting the plans required under subsection (b) of this
section.
(2) Progress reports
(A) Not later than the deadlines specified in subparagraph (B),
the Secretary of Energy shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Energy and Commerce of the House of Representatives a progress
report containing the following:
(i) An identification, by facility, of the plans that have
been submitted to States or the Administrator of the
Environmental Protection Agency pursuant to subsection (b) of
this section.
(ii) The status of State and Environmental Protection Agency
review and approval of each such plan.
(iii) The number of orders requiring compliance with such
plans that are in effect.
(iv) For the first 2 reports required under this paragraph,
an identification of the plans required under such subsection
(b) of this section that the Secretary expects to submit in the
12-month period following submission of the report.
(B) The Secretary of Energy shall submit a report under
subparagraph (A) not later than 12 months after October 6, 1992,
24 months after October 6, 1992, and 36 months after October 6,
1992.