42 U.S.C. § 6939c — Mixed waste inventory reports and plan
submitted 34 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,821 words · no verdicts yet
The Secretary of Energy must report on mixed-waste inventories, treatment capacity, and technology, and must develop treatment plans for facilities. The plans undergo State or EPA review, public participation, enforcement, possible waiver, and congressional progress reporting.
(a) Mixed-waste inventory reports. (1) Within 180 days after October 6, 1992, the Secretary* of Energy must send the Administrator* and each State* Governor where the Department stores or generates mixed wastes: (A) a State-by-State national inventory of all such wastes, regardless of when generated, and (B) a national inventory of mixed-waste treatment* capacity and technologies. (2) The waste inventory must include, for every Department facility in each State: (A) each waste type and at least its waste-stream name; (B) the amount currently stored, separately identifying waste subject to section 6924 land-disposal* prohibitions and waste not subject to them; (C) the amount expected to be generated in the next five years; (D) waste-minimization actions for each stream; (E) the EPA hazardous-waste code for characterized waste; (F) each uncharacterized waste type; (G) the basis for each code decision and whether it used sampling and analysis or process knowledge; (H) each waste type’s source; (I) treatment technology specified for its hazardous component; and (J) whether and how radionuclide content changes or affects that technology. (3) The capacity and technology inventory must include: (A) estimated available capacity for each waste for which technology exists; (B) each treatment unit counted, with capacity, number, and location; (C) each existing unit not counted that could alone or with others meet section 6924(m) rules, with those details; (D) why each such unit was not counted; (E) each proposed unit expected to increase capacity, with capacity, number, location, and estimated availability date; and (F) support for any finding that no technology exists and the approaches expected to be developed. (4) Within 90 days after submission, the Administrator and each recipient State must send comments to Energy. The Secretary must consider and publish them before the final report. (5) This does not limit requests for more information.
(b) Treatment plan. (1)(A)(i) For each facility generating or storing mixed wastes, except a facility covered by clause (ii), the Secretary must develop and submit a plan to develop capacity and technology to treat all facility mixed wastes to section 6924(m) standards. (ii) This does not apply to a facility covered by a permit, agreement, or administrative or judicial order establishing a treatment schedule and to which the State is a party. (B) Each plan must include: (i) for wastes with existing technology, a schedule for permit applications, contracts, construction, systems testing, operations, and processing backlogs and current waste; (ii) for wastes without technology, a schedule for identifying and developing technology, identifying funding, seeking treatability-study exemptions, and applying for research and development permits; and (iii) whenever radionuclide separation is proposed, estimates of waste volume with and without separation, treatment and disposal costs with and without it, and the assumptions behind the estimates. (C) A plan may use centralized, regional, on-site, or combined treatment. (2)(A) For a facility in a State that may prohibit land disposal until treatment and both may regulate hazardous components and has EPA authorization under section 6926, the Secretary submits the plan to State regulators. The State considers regional facilities, consults the Administrator and affected States, considers public comments, and approves, modifies, or disapproves within six months. (B) Otherwise, the Secretary submits it to the EPA Administrator, gives a copy to the State, and the Administrator performs the same regional-facility, consultation, comment, and six-month review. (C) After approval, the Administrator must issue a section 6928(a) order, or the State must issue an appropriate order, requiring compliance. (3) Before approval, the Administrator or State must publish notice that the plan is available and provide it to the public on request. (4) The same review and public-participation rules apply to proposed or required revisions. (5)(A) A State may waive the plan requirement for a facility if it agrees with Energy about compliance with section 6924(j) for mixed waste and issues an effective order requiring compliance with the agreement. (B) Violating that agreement or order is subject to section 6961(a)’s waiver of sovereign immunity.
(c) Schedule and progress reports. (1) Within six months after October 6, 1992, the Secretary must publish in the Federal Register a schedule for submitting plans. (2)(A) By the deadlines in (B), the Secretary must report to the Senate Environment and Public Works Committee and House Energy and Commerce Committee: (i) plans submitted, by facility; (ii) State and EPA review status; (iii) effective compliance orders; and, for the first two reports, (iv) plans expected to be submitted in the following 12 months. (B) Reports are due 12, 24, and 36 months after October 6, 1992. This section does not define “mixed waste,” “process knowledge,” “regional treatment facility,” or “treatability-study exemption.”
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 report containing a national inventory of all such mixed wastes, regardless of the time they were generated, on a State-by-State basis.
A report containing a national inventory of mixed waste treatment* capacities and technologies.
The report required by paragraph (1)(A) shall include the following:
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.
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.
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.
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.
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.
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.
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.
A description of the source of each type of mixed waste at each Department of Energy facility in each State.
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.
A statement of whether and how the radionuclide content of the waste alters or affects use of the technologies described in subparagraph (I).
The report required by paragraph (1)(B) shall include the following:
An estimate of the available treatment capacity for each waste described in the report required by paragraph (1)(A) for which treatment technologies exist.
A description, including the capacity, number and location, of each treatment unit considered in calculating the estimate under subparagraph (A).
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.
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).
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).
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.
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.
Nothing in this subsection limits or restricts the authority of States or the Administrator to request additional information from the Secretary of Energy.
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.
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.
Each plan shall contain the following:
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.
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.
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.
A plan required under this subsection may provide for centralized, regional, or on-site treatment of mixed wastes, or any combination thereof.
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.
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.
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.
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.
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.
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.
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.
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).
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:
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).
The status of State and Environmental Protection Agency review and approval of each such plan.
The number of orders requiring compliance with such plans that are in effect.
For the first 2 reports required under this paragraph, an identification of the plans required under such subsection (b) that the Secretary expects to submit in the 12-month period following submission of the report.
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.
Source credit: (Pub. L. 89–272, title II, § 3021, as added Pub. L. 102–386, title I, § 105(a)(1), Oct. 6, 1992, 106 Stat. 1508.)
- 1992Enacted · Pub. L. 89-272 · 106 Stat. 1508
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-272 on 1992-10-06.
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