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Page:United States Statutes at Large Volume 98 Part 3.djvu/874

 98 STAT. 3246

PUBLIC LAW 98-616—NOV. 8, 1984

graph (1). Such report shall address the need, feasibility, and estimated costs of subjecting such existing surface impoundments to the requirements of paragraph (1). "(B) In the case of any existing surface impoundment or class of surface impoundments from which the Administrator (or the State, in the case of a State with an authorized program) determines hazardous constituents are likely to migrate into ground water, the Administrator (or if appropriate, the State) is authorized to impose such requirements as may be necessary to protect human health Ante, p. 3233. and the environment, including the requirements of section 3004(o) which would apply to such impoundments if they were new. "(C) In the case of any surface impoundment excluded by paragraph (3) from the requirements of paragraph (1) which is subsequently determined to be leaking, the Administrator (or, if appropriate, the State) shall require compliance with paragraph (1), unless the Administrator (or, if appropriate, the State) determines that such compliance is not necessary to protect human health and the environment. "(8) In the case of any surface impoundment in which the liners and leak detection system have been installed pursuant to the requirements of paragraph (1) and in good faith compliance with section 3004(o) and the Administrator's regulations and guidance documents governing liners and leak detection systems, no liner or leak detection system which is different from that which was so installed pursuant to paragraph (1) shall be required for such unit by the Administrator when issuing the first permit under this section to such facility. Nothing in this paragraph shall preclude the Administrator from requiring installation of a new liner when the Administrator has reason to believe that any liner installed pursuant to the requirements of this subsection is leaking. "(9) In the case of any surface impoundment which has been excluded by paragraph (2) on the basis of a liner meeting the definition under paragraph (12)(A)(ii), at the closure of such impoundment the Administrator shall require the owner or operator of such impoundment to remove or decontaminate all waste residues, all contaminated liner material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner or operator of such impoundment shall be required to comply with appropriate post-closure requirements, including but not limited to ground water monitoring and corrective action. "(10) Any incremental cost attributable to the requirements of this subsection or section 3004(o) shall not be considered by the Administrator (or the State, in the case of a State with an author33 USC 1342. ized program under section 402 of the Clean Water Act)— "(A) in establishing effluent limitations and standards under 33 USC 1311, section 301, 304, 306, 307, or 402 of the Clean Water Act based 1314, 1316, 1317. on effluent limitations guidelines and standards promulgated any time before twelve months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984; or "(B) in establishing any other effluent limitations to carry out the provisions of section 301, 307, or 402 of the Clean Water Act on or before October 1, 1986. "(11)(A) If the Administrator allows a hazardous waste which is prohibited from one or more methods of land disposal under subsecAnte, p. 3226. tion (d), (e), or (g) of section 3004 (or under regulations promulgated by the Administrator under such subsections) to be placed in a surface impoundment (which is operating pursuant to interim

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98 STAT. 3247

status) for storage or treatment, such impoundment shall meet the requirements that are applicable to new surface impoundments under section 3004(o)(l), unless such impoundment meets the requirements of paragraph (2) or (4). "(B) In the case of any hazardous waste which is prohibited from one or more methods of land disposal under subsection (d), (e), or (g) of section 3004 (or under regulations promulgated by the Administrator under such subsection) the placement or maintenance of such hazardous waste in a surface impoundment for treatment is prohibited as of the effective date of such prohibition unless the treatment residues which are hazardous are, at a minimum, removed for subsequent management within one year of the entry of the waste into the surface impoundment. "(12XA) For the purposes of paragraph (2)(A) of this subsection, the term 'liner' means— "(i) a liner designed, constructed, installed, and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility; or "(ii) a liner designed, constructed, installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, ground water, or surface water at any time during the active life of the facility. "(B) For the purposes of this subsection, the term 'aggressive biological treatment facility' means a system of surface impoundments in which the initial impoundment of the secondary treatment segment of the facility utilizes intense mechanical aeration to enhance biological activity to degrade waste water pollutants and "(i) the hydraulic retention time in such initial impoundment is no longer than 5 days under normal operating conditions, on an annual average basis; "(ii) the hydraulic retention time in such initial impoundment is no longer than thirty days under normal operating conditions, on an annual average basis: Provided, That the sludge in such impoundment does not constitute a hazardous waste as identified by the extraction procedure toxicity characteristic in effect on the date of enactment of the Hazardous and Solid Waste Amendments of 1984; or "(iii) such system utilizes activated sludge treatment in the first portion of secondary treatment. "(C) For the purposes of this subsection, the term 'underground source or drinking water' has the same meaning as provided in regulations under the Safe Drinking Water Act (title XIV of the Public Health Service Act). "(13) The Administrator may modify the requirements of paragraph (1) in the case of a surface impoundment for which the owner or operator, prior to October 1, 1984, has entered into, and is in compliance with, a consent order, decree, or agreement with the Administrator or a State with an authorized program mandating corrective action with respect to such surface impoundment that provides a degree of protection of human health and the environment which is at a minimum equivalent to that provided by paragraph (1).".

Ante, p. 3233.

Ante, p. 3226.

42 USC 201 note. 42 USC 300f.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 98 Part 3.djvu/876

 98 STAT. 3248

PUBLIC LAW 98-616—NOV. 8, 1984

Subtitle C—Amendments Primarily to Other Sections in Subtitle C SMALL QUANTITY GENERATOR WASTE

42 USC 6921.

42 USC 6922-6924.

42 USC 6925.

SEC. 221. (a) Section 3001 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (c): "(d) SMALL QUANTITY GENERATOR WASTE.—(1) By March 31, 1986, the Administrator shall promulgate standards under sections 3002, 3003, and 3004 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 the enactment of the Hazardous and Solid Waste Amendments of 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; "((J) 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 subtitle to protect human health and the environment may require the promulgation of standards under this subtitle 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 section 3001 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 3005, shall be disposed of only in a facility which is permitted, licensed, or registered by a State to manage municipal or industrial solid waste.

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98 STAT. 3249

"(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 subtitle, 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 the Hazardous Materials Transportation Act. "(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 section 3001 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 subtitle; "(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 3010(b) shall not apply to regulations promulgated under this subsection.". (b) The Administrator of the Environmental Protection Agency shall undertake activities to inform and educate the waste generators of their responsibilities under the amendments made b)^ this section during the period within thirty months after the enactment

42 USC 6921.

Reports.

Post, p. 3258. 42 USC 6921 note.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/878

 98 STAT. 3250

Study. 42 USC 6921.

Study. 42 USC 6921 note.

Report. 42 USC 6921 note.

study. 42 USC 6921 note.

PUBLIC LAW 98-616—NOV. 8, 1984

of the Hazardous and Solid Waste Amendments of 1984 to help assure compliance. (c) The Administrator of the Environmental Protection Agency in cooperation with the States shall conduct a study of hazardous waste identified or listed under section 3001 of the Solid Waste Disposal Act which is generated by individual generators in total quantities for each generator during any calendar month of less than one thousand kilograms. The Administrator may require from such generators information as may be necessary to conduct the study. Such study shall include a characterization of the number and type of such generators, the quantity and characteristics of hazardous waste generated by such generators. State requirements applicable to such generators, the individual and industry waste management practices of such generators, the potential costs of modifying those practices and the impact of such modifications on national treatment and disposal facility capacity, and the threat to human health and the environment and the employees of transporters or others involved in solid waste management posed by such hazardous wastes or such management practices. Such study shall be submitted to the Congress not later than April 1, 1985. (d) The Administrator of the Environmental Protection Agency shall cause to be studied the existing manifest system for hazardous wastes as it applies to small quantity generators and recommend whether the current system shall be retained or whether a new system should be introduced. The study shall include an analysis of the cost versus the benefits of the system studied as well as an analysis of the ease of retrieving and collating information and identifying a given substance. Finally, any new proposal shall include a list of those standards that are necessary to protect human health and the environment. Such study shall be submitted to the Congress not later than April 1, 1987. (e) The Administrator of the Environmental Protection Agency, in conjunction with the Secretary of Transportation, shall prepare and submit to the Congress a report on the feasibility of easing the administrative burden on small quantity generators, increasing compliance with statutory and regulatory requirements, and simplifying enforcement efforts through a program of licensing hazardous waste transporters to assume the responsibilities of small quantity generators relating to the preparation of manifests and associated recordkeeping and reporting requirements. The report shall examine the appropriate licensing requirements under such a program including the need for financial assurances by licensed transporters and shall make recommendations on provisions and requirements for such a program including the appropriate division of responsibilities between the Department of Transportation and the Environmental Protection Administration. Such report shall be submitted to the Congress not later than April 1, 1987. (fKD The Administrator of the Environmental Protection Agency shall, in consultation with the Secretary of Education, the States, and appropriate educational associations, conduct a comprehensive study of problems associated with the accumulation, storage and disposal of hazardous wastes from educational institutions. The study shall include an investigation of the feasibility and availability of environmentally sound methods for the treatment, storage or disposal of hazardous waste from such institutions, taking into account the types and quantities of such waste which are generated by these institutions, and the nonprofit nature of these institutions.

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98 STAT. 3251

(2) The Administrator shall submit a report to the Congress containing the findings of the study carried out under paragraph (1) not later than April 1, 1987. (3) For purposes of this subsection— (A) the term "hazardous waste" means hazardous waste which is listed or identified under Section 3001 of the Solid Waste Disposal Act; (B) the term "educational institution" includes, but shall not be limited to, (i) secondary schools as defined in section 198(a)(7) of the Elementary and Secondary Education Act of 1965; and (ii) institutions of higher education as defined in section 1201(a) of the Higher Education Act of 1965.

Report.

42 USC 6921.

20 USC 2854. 20 USC 1141.

USTING AND DELISTING OF HAZARDOUS WASTE

SEC. 222. (a) Section 3001 of the Solid Waste Disposal Act is amended by inserting the following new subsections at the end thereof: "(e) SPECIFIED WASTES.—(1) Not later than 6 months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall, where appropriate, list under subsection (b)(1), additional wastes containing chlorinated dioxins or chlorinated-dibenzofurans. Not later than one year after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall, where appropriate, list under subsection (b)(1) wastes containing remaining halogenated dioxins and halogenated-dibenzofurans. "(2) Not later than fifteen months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall make a determination of whether or not to list under subsection 0>)(1) 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) DEUSTING 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 the enactment of the Hazardous and Solid Waste Amendments of 1984 without the opportunity for public comment and the full consideration of such comments shall not continue for more than twenty-

Ante, p. 3248.

Public information. Federal Register, publication.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/880

 98 STAT. 3252

Regulations.

42 USC 6921.

PUBLIC LAW 98-616—NOV. 8, 1984

four months after the date of enactment of the Hazardous and Sohd Waste Amendments of 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 the date of enactment of the Hazardous and Solid Waste Amendments of 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 the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall promulgate regulations under this section identifying additional characteristics of hazardous waste, including measures or indicators of toxicity.". (b) Section 3001(b)(1) of the Solid Waste Disposal Act is amended by adding the following at the end thereof: "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 subtitle solely because of the presence in such wastes of certain constituents (such as identified carcinogens, mutagens, or teratagens) at levels in excess of levels which endanger human health.". CLARIFICATION OF HOUSEHOLD WASTE EXCLUSION

Supra. 42 USC 6921.

SEC. 223. (a) Section 3001 of the Solid Waste Disposal Act is amended by adding the following new subsection at the end thereof: "(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 subtitle, 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.". WASTE M I N I M I Z A T I O N

42 USC 6922.

SEC. 224. (a) Section 3002 of the Solid Waste Disposal Act is amended by—

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98 STAT. 3253

(1) inserting "(a) IN GENERAL.—" after "3002."; (2) adding the following new subsection at the end thereof: "(b) WASTE MINIMIZATION.—Effective September 1, 1985, the

manifest required by subsection (a)(5) shall contain a certification by the generator that— "(1) the generator of the hazardous waste has a prograra in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and "(2) the proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment."; and (2) amending subsection (a)(6) to read as follows: "(6) submission of reports to the Administrator (or the State agency in any case in which such agency carries out a permit program pursuant to this subtitle) at least once every two years, setting out— "(A) the quantities and nature of hazardous waste identified or listed under this subtitle that he has generated during the year; "(B) the disposition of all hazardous waste reported under subparagraph (A); "(C) the efforts undertaken during the year to reduce the volume and toxicity of waste generated; and "(D) the changes in volume and toxicity of waste actually achieved during the year in question in comparison with previous years, to the extent such information is available for years prior to enactment of the Hazardous and Solid Waste Amendments of 1984.". (b) Section 3005 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (g):

Reports.

Ante, p. 3243.

"(h) WASTE MINIMIZATION.—Effective September 1, 1985, it shall

be a condition of any permit issued under this section for the treatment, storage, or disposal of hazardous waste on the premises where such waste was generated that the permittee certify, no less often than annually, that— "(1) the generator of the hazardous waste has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and "(2) the proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment.". (c) Section 8002 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (g): "(r) MINIMIZATION OF HAZARDOUS WASTE.—The Administrator shall compile, and not later than October 1, 1986, submit to the Congress, a report on the feasibility and desirability of establishing standards of performance or of taking other additional actions under this Act to require the generators of hazardous waste to reduce the volume or quantity and toxicity of the hazardous waste they generate, and of establishing with respect to hazardous wastes required management practices or other requirements to assure such wastes are managed in ways that minimize present and future risks to human health and the environment. Such report shall

42 USC 6982. Report.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/882

 98 STAT. 3254

42 USC 6902.

PUBLIC LAW 98-616—NOV. 8, 1984

include any recommendations for legislative changes which the Administrator determines are feasible and desirable to implement the national policy established by section 1003.". BASIS OF AUTHORIZATION

42 USC 6926.

SEC. 225. Section 3006(b) of the Solid Waste Disposal Act is amended by adding the following at the end thereof: "In authorizing a State program, the Administrator may base his findings on the Federal program in effect one year prior to submission of a State's application or in effect on January 26, 1983, whichever is later.". AVAILABILITY OF INFORMATION

42 USC 6926.

42 USC 6926 note.

SEC. 226. (a) Section 3006 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (e) thereof: "(f) AVAILABILITY OF INFORMATION.—No State program may be authorized by the Administrator under this section unless— "(1) such program provides for the public availability of information obtained by the State regarding facilities and sites for the treatment, storage, and disposal of hazardous waste; and "(2) such information is available to the public in substantially the same manner, and to the same degree, as would be the case if the Administrator was carrying out the provisions of this subtitle in such State.". (b) The amendment made by subsection (a) shall apply with respect to State programs authorized under section 3006 before, on, or after the date of enactment of the Hazardous and Solid Waste Amendments of 1984. INTERIM AUTHORIZATION OF STATE PROGRAMS

42 USC 6926.

Regulation.

SEC. 227. Section 3006(c) of the Solid Waste Disposal Act is amended by— (1) striking out "twenty-four month period beginning on the date six months after the date of promulgation of regulations under sections 3002 through 3005" and inserting in lieu thereof "period ending no later than January 31, 1986"; (2) inserting "(1)" after "Interim Authorization.—"; and (3) by inserting the following at the end thereof: "(2) The Administrator shall, by rule, establish a date for the expiration of interim authorization under this subsection. "(3) Pending interim or final authorization of a State program for any State which reflects the amendments made by the Heizardous and Solid Waste Amendments of 1984, the State may enter into an agreement with the Administrator under which the State may assist in the administration of the requirements and prohibitions which take effect pursuant to such Amendments. "(4) In the case of a State permit program for any State which is authorized under subsection (b) or under this subsection, until such program is amended to reflect the amendments made by the Hazardous and Solid Waste Amendments of 1984 and such program amendments receive interim or final authorization, the Administrator shall have the authority in such State to issue or deny permits or those portions of permits affected by the requirements and prohibitions established by the Heizardous and Solid Waste Amendments of

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98 STAT. 3255

1984. The Administrator shall coordinate with States the procedures for issuing such permits.". APPLICATION OF AMENDMENTS TO AUTHORIZED STATES

SEC. 228. Section 3006 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (f):

Ante, p. 3254.

"(g) AMENDMENTS MADE BY 1984 ACT.—(1) Any requirement or

prohibition which is applicable to the generation, transportation, treatment, storage, or disposal of hazardous waste and which is imposed under this subtitle pursuant to the amendments made by the Hazardous and Solid Waste Amendments of 1984 shall take effect in each State having an interim or finally authorized State program on the same date as such requirement takes effect in other States. The Administrator shall carry out such requirement directly in each such State unless the State program is finally authorized (or is granted interim authorization as provided in paragraph (2)) with respect to such requirement. "(2) Any State which, before the date of the enactment of the Hazardous and Solid Waste Amendments of 1984 has an existing hazardous waste program which has been granted interim or final authorization under this section may submit to the Administrator evidence that such existing program contains (or has been amended to include) any requirement which is substantially equivalent to a requirement referred to in paragraph (1) and may request interim authorization to carry out that requirement under this subtitle. The Administrator shall, if the evidence submitted shows the State requirement to be substantially equivalent to the requirement referred to in paragraph (1), grant an interim authorization to the State to carry out such requirement in lieu of direct administration in the State by the Administrator of such requirement.". FEDERAL FACILITIES

SEC. 229. Section 3007 of the Solid Waste Disposal Act is amended Public by adding the following new subsection after subsection (b) thereof: availability. "(c) FEDERAL FACILITY INSPECTIONS.—Beginning twelve months 42 USC 6927. after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall, or in the case of a State with an authorized hazardous waste program the State may, undertake on an annual basis a thorough inspection of each facility for the treatment, storage, or disposal of hazardous waste which is owned or operated by a Federal agency to enforce its compliance with this subtitle and the regulations promulgated thereunder. The records of such inspections shall be available to the public as provided in subsection (b).". STATE-OPERATED FACILITIES

SEC. 230. Section 3007 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (c): "(d) STATE-OPERATED FACILITIES.—The Administrator shall annually undertake a thorough inspection of every facility for the treatment, storage, or disposal of hazardous waste which is operated by a State or local government for which a permit is required under section 3005 of this title. The records of such inspection shall be available to the public as provided in subsection (b).".

Supra. 42 USC 6927.

Public availability. 42 USC 6925.

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Page:United States Statutes at Large Volume 98 Part 3.djvu/884

 98 STAT. 3256

PUBLIC LAW 98-616—NOV. 8, 1984 MANDATORY INSPECTIONS

Ante, p. 3255.

42 USC 6925.

Regulations.

Report.

SEC. 231. Section 3007 of the Solid Waste Disposal Act is amended by inserting the following new subsection after subsection (d) thereof: "(e) MANDATORY INSPECTIONS.—(1) The Administrator (or the State in the case of a State having an authorized hazardous waste program under this subtitle) shall commence a program to thoroughly inspect every facility for the treatment, storage, or disposal of hazardous waste for which a permit is required under section 3005 no less often than every two years as to its compliance with this subtitle (and the regulations promulgated under this subtitle). Such inspections shall commence not later than twelve months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984. The Administrator shall, after notice and opportunity for public comment, promulgate regulations governing the minimum frequency and manner of such inspections, including the manner in which records of such inspections shall be maintained and the manner in which reports of such inspections shall be filed. The Administrator may distinguish between cleisses and categories of facilities commensurate with the risks posed by each class or category. "(2) Not later than six months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall submit to the Congress a report on the potential for inspections of hazardous waste treatment, storage, or disposal facilities by nongovernmental inspectors as a supplement to inspections conducted by officers, employees, or representatives of the Environmental Protection Agency or States having authorized hazardous waste programs or operating under a cooperative agreement with the Administrator. Such report shall be prepared in cooperation with the States, insurance companies offering environmental impairment insurance, independent companies providing inspection services, and other such groups as appropriate. Such report shall contain recommendations on provisions and requirements for a program of private inspections to supplement governmental inspections.". FEDERAL ENFORCEMENT

42 USC 6928.

SEC. 232. (a) Section 3008(d) of the Solid Waste Disposal Act is amended as follows: (1) in paragraph (1)— (A) insert after "knowingly transports" the following: "or causes to be transported", and (B) strike out "section 3005 (or 3006 in case of a State program)" and substitute "this subtitle"; (2) in paragraph (2)— (A) strike out "either"; (B) strike out "section 3005 (or 3006 in the case of a State program)" and substitute "this subtitle"; and (C) strike out subparagraph (B) and substitute: "(B) in knowing violation of any material condition or requirement of such permit; or "(C) in knowing violation of any material condition or requirement of any applicable interim status regulations or standards;"; and (3) strike out all after paragraph (2) and substitute:

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98 STAT. 3257

"(3) knowingly omits material information or makes any false material statement or representation in any application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with regulations promulgated by the Administrator (or by a State in the case of an authorized State program) under this subtitle; "(4) knowingly generates, stores, treats, transports, disposes of, exports, or otherwise handles any hazardous waste (whether such activity took place before or takes place after the date of the enactment of this paragraph) and who knowingly destroys, alters, conceals, or fails to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of compliance with regulations promulgated by the Administrator (or by a State in the case of an authorized State program) under this subtitle; "(5) knowingly transports without a manifest, or causes to be transported without a manifest, any hazardous waste required by regulations promulgated under this subtitle (or by a State in the case of a State program authorized under this subtitle) to be accompanied by a manifest; shall, upon conviction, be subject to a fine of not more than $50,000 for each day of violation, or imprisonment not to exceed two years (five years in the case of a violation of paragraph (1) or (2)), or both. If the conviction is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment under the respective paragraph shall be doubled with respect to both fine and imprisonment.". (b) Section 3008(e) of the Solid Waste Disposal Act is amended to read as follows: "(e) KNOWING ENDANGERMENT.—Any person who knowingly transports, treats, stores, disposes of, or exports any hazardous waste identified or listed under this subtitle in violation of paragraph (1), (2), (3), (4), (5), or (6) of subsection (d) of this section who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment for not more than fifteen years, or both. A defendant that is an organization shall, upon conviction of violating this subsection, be subject to a fine of not more than $1,000,000.". (c) Section 3008(d)(2)(A) of the Solid Waste Disposal Act is amended by striking out "having obtained".

Penalties.

42 USC 6928. Penalites.

INTERIM STATUS CORRECTIVE ACTION ORDERS

SEC. 233. (a) Section 3008 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (g) thereof:

42 USC 6928.

"(h) INTERIM STATUS CORRECTIVE ACTION ORDERS.—(1) Whenever

on the basis of any information the Administrator determines that there is or has been a release of hazardous waste into the environment from a facility authorized to operate under section 3005(e) of this subtitle, the Administrator may issue an order requiring corrective action or such other response measure as he deems necessary to protect human health or the environment or the Administrator miay commence a civil action in the United States district court in the district in which the facility is located for appropriate relief, including a temporary or permanent injunction.

Ante, p. 3241.

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 98 STAT. 3258

42 USC 6928.

PUBLIC LAW 98-616—NOV. 8, 1984

"(2) Any order issued under this subsection may include a suspension or revocation of authorization to operate under section 3005(e) of this subtitle, shall state with reasonable specificity the nature of the required corrective action or other response measure, and shall specify a time for compliance. If any person named in an order fails to comply with the order, the Administrator may assess, and such person shall be liable to the United States for, a civil penalty in an amount not to exceed $25,000 for each day of noncompliance with the order.". (b) Subsection (b) of section 3008 of the Solid Waste Disposal Act is amended by inserting "issued under this section" immediately after "Any order". EFFECTIVE DATE OF REGULATIONS

42 USC 6930.

SEC. 234. Section 3010(b) of the Solid Waste Disposal Act is amended by adding the following at the end thereof: "At the time a regulation is promulgated, the Administrator may provide for a shorter period prior to the effective date, or an immediate effective date for: "(1) a regulation with which the Administrator finds the regulated community does not need six months to come into compliance; "(2) a regulation which responds to an emergency situation; or "(3) other good cause found and published with the regulation.". SUBTITLE D — N E W SECTIONS IN SUBTITLE C MANAGEMENT OF USED OIL

Petroleum and ^^*d°^T"^ pro uc sAoViGn'aQQK

SEC. 241. (a) Section 3014 of the Solid Waste Disposal Act (relating to restrictions on recycled oil) as redesignated by section 502 of this Act (relating to technical and clerical amendments) is amended by inserting "(a) IN GENERAL.—" after "3014." and by adding the following at the end thereof: "(b)

IDENTIFICATION OR LISTING OF USED OIL AS HAZARDOUS

WASTE.—Not later than twelve months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984 the Administrator shall propose whether to list or identify used automobile 42 USC 6921. and truck crankcase oil as hazardous waste under section 3001. Not later than twenty-four months after such date of enactment, the Administrator shall make a final determination whether to list or identify used automobile and truck crankcase oil and other used oil as hazardous wastes under section 3001. "(c) USED OIL WHICH Is RECYCLED.—(1) With respect to generators and transporters of used oil identified or listed as a hazardous waste under section 3001, the standards promulgated under section Ante, p. 3248; 42 3001(d), 3002, and 3003 of this subtitle shall not apply to such used use 6922, 6923. oil if such used oil is recycled. "(2)(A) In the case of used oil which is exempt under paragraph (1), not later than twenty-four months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall promulgate such standards under this subsection regarding the generation and transportation of used oil which is recycled as may be necessary to protect human health and the environment. In

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promulgating such regulations with respect to generators, the Administrator shall take into account the effect of such regulations on environmentally acceptable types of used oil recycling and the effect of such regulations on small quantity generators and generators which are small businesses (as defined by the Administrator). "(B) The regulations promulgated under this subsection shall provide that no generator of used oil which is exempt under paragraph (1) from the standards promulgated under section 3001(d), 3002, and 3003 shall be subject to any manifest requirement or any associated recordkeeping and reporting requirement with respect to such used oil if such generator— "(i) either— "(I) enters into an agreement or other arrangement (including an agreement or arrangement with an independent transporter or with an agent of the recycler) for delivery of such used oil to a recycling facility which has a permit under section 3005(c) (or for which a valid permit is deemed to be in effect under subsection (d)), or "(11) recycles such used oil at one or more facilities of the generator which has such a permit under section 3005 of this subtitle (or for which a valid permit is deemed to have been issued under subsection (d) of this section); "(ii) such used oil is not mixed by the generator with other types of hazardous wastes; and "(iii) the generator maintains such records relating to such used oil, including records of agreements or other arrangements for delivery of such used oil to any recycling facility referred to in clause (i)(I), as the Administrator deems necessary to protect human health and the environment. "(3) The regulations under this subsection regarding the transportation of used oil which is exempt from the standards promulgated under section 3001(d), 3002, and 3003 under paragraph (1) shall require the transporters of such used oil to deliver such used oil to a facility which has a valid permit under section 3005 of this subtitle or which is deemed to have a valid permit under subsection (d) of this section. The Administrator shall also establish other standards for such transporters as may be necessary to protect human health and the environment. "(d) PERMITS.—(1) The owner or operator of a facility which recycles used oil which is exempt under subsection (c)(D, shall be deemed to have a permit under this subsection for all such trcsatment or recycling (and any associated tank or container storage) if such owner and operator comply with standards promulgated by the Administrator under section 3004; except that the Administrator may require such owners and operators to obtain an individual permit under section 3005(c) if he determines that an individual permit is necessary to protect human health and the environment. "(2) Notwithstanding any other provision of law, any generator who recycles used oil which is exempt under subsection (c)(1) shall not be required to obtain a permit under section 3005(c) with respect to such used oil until the Administrator has promulgated standards under section 3004 regarding the recycling of such used oil.". (b)(1) Section 7006(b) is amended by inserting after "3005" the following "(or in modifying or revoking any permit which is deemed to have been issued under section 3012(d)(l))".

Regulations. Ante, p. 3248; 42 u s e 6922, 6923.

Ante, pp. 3241, 3242.

Regulations.

42 USC 6924.

42 USC 6976.

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 98 STAT. 3260 42 USC 6926.

PUBLIC LAW 98-616—NOV. 8, 1984

(2) The third sentence of section 3006(b) is amended by inserting after "hazardous waste" the following "(and to enforce permits deemed to have been issued under section 3012(d)(1))". RECOVERY AND RECYCUNG OF USED OIL

Ante, p. 3258.

SEC. 242. Section 3014(a) of the Solid Waste Disposal Act (entitled "Restrictions on Recycled Oil"), as redesignated by section 502 of this Act and amended by section 241 of this Act, is amended by striking out the period at the end thereof and substituting ", consistent with the protection of human health and the environment.". EXPANSION DURING INTERIM STATUS

SEC. 243. (a) Subtitle C of the Solid Waste Disposal Act is amended by adding the following new section after section 3014: " E X P A N S I O N DURING INTERIM STATUS Ante, p. 3258. 42 USC 6936. Ante, p. 3241.

Ante, p. 3233. Ante, pp. 3241, 3242.

"SEC. 3015. (a) WASTE PILES.—The owner or operator of a waste pile qualifying for the authorization to operate under section 3005(e) shall be subject to the same requirements for liners and leachate collection systems or equivalent protection provided in regulations promulgated by the Administrator under section 3004 before October 1, 1982, or revised under section 3004(o) (relating to minimum technological requirements), for new facilities receiving individual permits under subsection (c) of section 3005, with respect to each new unit, replacement of an existing unit, or lateral expansion of an existing unit that is within the waste management area identified in the permit application submitted under section 3005, and with respect to waste received beginning six months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984. "(\)) LANDFILLS AND SURFACE IMPOUNDMENTS.—(1) The owner or operator of a landfill or surface impoundment qualifying for the authorization to operate under section 3005(e) shall be subject to the requirements of section 3004(o) (relating to minimum technological requirements), with respect to each new unit, replacement of an existing unit, or lateral expansion of an existing unit that is within the waste management area identified in the permit application submitted under this section, and with respect to waste received beginning 6 months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984. "(2) The owner or operator of each unit referred to in paragraph (1) shall notify the Administrator (or the State, if appropriate) at least sixty days prior to receiving waste. The Administrator (or the State) shall require the filing, within six months of receipt of such notice, of an application for a final determination regarding the issuance of a permit for each facility submitting such notice. "(3) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of this section and in good faith compliance with the Administrator's regulations and guidance documents governing liners and leachate collection systems, no liner or leachate collection system which is different from that which was so installed pursuant to this section shall be required for such unit by the Administrator when issuing the first permit under section 3005 to such facility, except that the Administrator shall not be precluded from requiring installation of a new liner when the Administrator has reason to believe that any

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98 STAT. 3261

liner installed pursuant to the requirements of this section is leaking. The Administrator may, under section 3004, amend the requirements for liners and leachate collection systems required under this section as may be necessary to provide additional protection for human health and the environment.". (b) The table of contents for such subtitle C is amended by adding the following new item after the item relating to section 3014:

42 USC 6924.

"Sec. 3015. Expansion during interim status.".

(c) Section 3005 of the Solid Waste Disposal Act is amended by Ante, p. 3253. adding the following new subsection after subsection (h): 42 USC 6925. "(i) INTERIM STATUS FACILITIES RECEIVING WASTES AFTER JULY 26,

1982.—The standards concerning ground water monitoring, unsaturated zone monitoring, and corrective action, which are applicable under section 3004 to new landfills, surface impoundments, land treatment units, and waste-pile units required to be permitted under subsection (c) shall also apply to any landfill, surface impoundment, land treatment unit, or waste-pile unit qualifying for the authorization to operate under subsection (e) which receives hazardous waste after July 26, 1982.". INVENTORY OF FEDERAL AGENCY HAZARDOUS WASTE FACILITIEiJ

SEC. 244. Subtitle C of the Solid Waste Disposal Act is amended by adding the following new section after section 3015: "INVENTORY OF FEDERAL AGENCY HAZARDOUS WASTE FACILITIES

"SEC. 3016. (a) Each Federal agency shall undertake a continuing 42 USC 6937. program to compile, publish, and submit to the Administrator (and to the State in the case of sites in States having an authorized hazardous waste program) an inventory of each site which the Federal agency owns or operates or has owned or operated at which hazardous waste is stored, treated, or disposed of or has Ibeen disposed of at any time. The inventory shall be submitted every two years beginning January 31, 1986. Such inventory shall be available to the public as provided in section 3007(b). Information previously submitted by a Federal agency under section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, or under section 3005 or 3010 of this Act, or under this section 42 USC 9603. need not be resubmitted except that the agency shall update any ^L^^^ ^^^^' previous submission to reflect the latest available data and information. The inventory shall include each of the following: "(1) A description of the location of each site at which any such treatment, storage, or disposal has taken place before the date on which permits are required under section 3005 for such storage, treatment, or disposal, and where hazardous waste has been disposed, a description of hydrogeology of the site and the location of withdrawal wells and surface water within one mile of the site. "(2) Such information relating to the amount, nature, and toxicity of the hazardous waste in each site as may be necessary to determine the extent of any health hazard which may be associated with any site. "(3) Information on the known nature and extent of environmental contamination at each site, including a description of the monitoring data obtained.

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 98 STAT. 3262

PUBLIC LAW 98-616—NOV. 8, 1984 "(4) Information concerning the current status of the site, including information respecting whether or not hazardous waste is currently being treated, stored, or disposed of at such site (and if not, the date on which such activity ceased) and information respecting the nature of any other activity currently carried out at such site. "(5) A list of sites at which hazardous waste has been disposed and environmental monitoring data has not been obtained, and the reasons for the lack of monitoring data at each site. "(6) A description of response actions undertaken or contemplated at contaminated sites. "(7) An identification of the types of techniques of waste treatment, storage, or disposal which have been used at each site. "(8) The name and address and responsible Federal agency for each site, determined as of the date of preparation of the inventory. "(b) ENVIRONMENTAL PROTECTION AGENCY PROGRAM.—If the

Ad-

ministrator determines that any Federal agency under subsection (a) is not adequately providing information respecting the sites referred to in subsection (a), the Administrator shall notify the chief official of such agency. If within ninety days following such notification, the Federal agency has not undertaken a program to adequately provide such information, the Administrator shall carry out the inventory program for such agency.". EXPORT OF HAZARDOUS WASTE

SEC. 245. (a) Subtitle C of the Solid Waste Disposal Act is amended by inserting the following new section after section 3016: "EXPORT OF HAZARDOUS WASTE

42 USC 6938.

"SEC. 3017. (a) IN GENERAL.—Beginning twenty-four months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, no person shall export any hazardous waste identified or listed under this subtitle unless "(I)(A) such person has provided the notification required in subsection (c) of this section, "(B) the government of the receiving country has consented to accept such hazardous waste, "(C) a copy of the receiving country's written consent is attached to the manifest accompanying each waste shipment, and "(D) the shipment conforms with the terms of the consent of the government of the receiving country required pursuant to subsection (e), or "(2) the United States and the government of the receiving country have entered into an agreement as provided for in subsection (f) and the shipment conforms with the terms of such agreement. "(b) REGULATIONS.—Not later than twelve months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall promulgate the regulations necessary to implement this section. Such regulations shall become effective one hundred and eighty days after promulgation.

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"(c) NOTIFICATION.—Any person who intends to export a hazardous waste identified or listed under this subtitle beginning tvirelve months after the date of enactment of the Hazardous and iSolid Waste Amendments of 1984, shall, before such hazardous wasite is scheduled to leave the United States, provide notification tc» the Administrator. Such notification shall contain the following information: "(1) the name and address of the exporter; "(2) the types and estimated quantities of heizardous waste to be exported; "(3) the estimated frequency or rate at which such waste is to be exported; and the period of time over which such waste is to be exported; "(4) the ports of entry; "(5) a description of the manner in which such hazardous waste will be transported to and treated, stored, or disposcjd in the receiving country; and "(6) the name and address of the ultimate treatment, storage or disposal facility. "(d)

PROCEDURES FOR REQUESTING CONSENT OF THE RECEIVING

COUNTRY.—Within thirty days of the Administrator's receipt of a complete notification under this section, the Secretary of State, acting on behalf of the Administrator, shall— "(1) forward a copy of the notification to the government of the receiving country; "(2) advise the government that United States law prohibits the export of hazardous waste unless the receiving country consents to accept the hazardous waste; "(3) request the government to provide the Secretary with a written consent or objection to the terms of the notification; and "(4) forward to the government of the receiving country a description of the Federal regulations which would apply to the treatment, storage, and disposal of the hazardous waste in the United States. "(e)

CONVEYANCE OF WRITTEN CONSENT TO EXPORTER.—Within

thirty days of receipt by the Secretary of State of the receiving country's written consent or objection (or any subsequent communication withdrawing a prior consent or objection), the Administrator shall forward such a consent, objection, or other communication to the exporter. "(f) INTERNATIONAL AGREEMENTS.—Where there exists an international agreement between the United States and the government of the receiving country establishing notice, export, and enforceraent procedures for the transportation, treatment, storage, and dispK)sal of hazardous wastes, only the requirements of subsections (a)(2) and (g) shall apply. "(g) REPORTS.—After the date of enactment of the Hazardous and Solid Waste Amendments of 1984, any person who exports any hazardous waste identified or listed under section 3001 of this subtitle shall file with the Administrator no later than March 1 of 42 USC 6921. each year, a report summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste exported during the previous calendar year. "(h) OTHER STANDARDS.—Nothing in this section shall preclude the Administrator from establishing other standards for the export of hazardous wastes under section 3002 or section 3003 of this 42 USC 6922, subtitle.". 6923.

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PUBLIC LAW 98-616—NOV. 8, 1984

(b) The table of contents for such subtitle C is amended by adding the following new item after the item relating to section 3016: "Sec. 3017. Export of hazardous waste.".

Ante, p. 3256.

(c) Section 3008(d) of the Solid Waste Disposal Act, as amended by section 232 of this Act, is amended by adding after paragraph (5) "; or" and the following new paragraph: "(6) knowingly exports a hazardous waste identified or listed under this subtitle (A) without the consent of the receiving country or, (B) where there exists an international agreement between the United States and the government of the receiving country establishing notice, export, and enforcement procedures for the transportation, treatment, storage, and disposal of hazardous wastes, in a manner which is not in conformance with such agreement". DOMESTIC SEWAGE

SEC. 246. (a) Subtitle C of the Solid Wsiste Disposal Act is amended by adding the following new section after section 3017: "DOMESTIC SEWAGE

42 USC 6939. 42 USC 6921.

33 USC 1317.

"SEC. 3018. (a) REPORT.—The Administrator shall, not later than 15 months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, submit a report to the Congress concerning those substances identified or listed under section 3001 which are not regulated under this subtitle by reason of the exclusion for mixtures of domestic sewage and other wastes that pass through a sewer system to a publicly owned treatment works. Such report shall include the types, size and number of generators which dispose of such substances in this manner, the types and quantities disposed of in this manner, and the identification of significant generators, wastes, and weiste constituents not regulated under existing Federal law or regulated in a manner sufficient to protect human health and the environment. "(b) REVISIONS OF REGULATIONS.—Within eighteen months after submitting the report specified in subsection (a), the Administrator shall revise existing regulations and promulgate such additional regulations pursuant to this subtitle (or any other authority of the Administrator, including section 307 of the Federal Water Pollution Control Act) as are necessary to assure that substances identified or listed under section 3001 which pass through a sewer system to a publicly owned treatment works are adequately controlled to protect human health and the environment. "(c) REPORT ON WASTEWATER LAGOONS.—The Administrator shall,

within thirty-six months after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, submit a report to Congress concerning wastewater lagoons at publicly owned treatment works and their effect on groundwater quality. Such report shall include— "(1) the number and size of such lagoons; "(2) the types and quantities of waste contained in such lagoons; "(3) the extent to which such waste has been or may be released from such lagoons and contaminate ground water; and

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98 STAT. 3265

"(4) available alternatives for preventing or controlling such releases. The Administrator may utilize the authority of sections 3007 and 3013 for the purpose of completing such report. "(d) APPLICATION OF SECTION 3010 AND SECTION 3007.—The provisions of sections 3007 and 3010 shall apply to solid or dissolved materials in domestic sewage to the same extent and in the same manner as such provisions apply to hazardous waste.". (c) The table of contents for such subtitle C is amended by adding the following new item at the end thereof:

42 USC 6927, ^o^rTor. coon gggV

"Sec. 3018. Domestic sewage.". EXPOSURE INFORMATION AND HEALTH ASSESSMENTS

SEC. 247. (a) Subtitle C of the Solid Waste Disposal Act is amended by adding the following new section after section 3018: "EXPOSURE INFORMATION AND HEALTH ASSESSMENTS "SEC. 3019. (a) EXPOSURE INFORMATION.—Beginning on the date 42 USC 6939a. nine months after the enactment of the Hazardous and Solid Waste Amendments of 1984, each application for a final determination regarding a permit under section 3005(c) for a landfill or surface Ante, pp. 3241, impoundment shall be accompanied by information reasonably as- 3242. certainable by the owner or operator on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such information must address: "(1) reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit; "(2) the potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under paragraph (1); and "(3) the potential magnitude and nature of the human exposure resulting from such releases. The owner or operator of a landfill or surface impoundment for which an application for such a final determination under section 3005(c) has been submitted prior to the date of enactment of the Hazardous and Solid Waste Amendments of 1984 shall submit the information required by this subsection to the Administrator (or the State, in the case of a State with an authorized program) no later than the date nine months after such date of enactment.

"(b) HEALTH ASSESSMENTS.—(1) The Administrator (or the State, in

the case of a State with an authorized program) shall make the information required by subsection (a), together with other relevant information, available to the Agency for Toxic Substances and Disease Registry established by section 104(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980. "(2) Whenever in the judgment of the Administrator, or the State (in the case of a State with an authorized program), a landfill or a surface impoundment poses a substantial potential risk to human health, due to the existence of releases of hazardous constituents, the magnitude of contamination with hazardous constituents virhich may be the result of a release, or the magnitude of the population exposed to such release or contamination, the Administrator or the State (with the concurrence of the Administrator) may request the

42 USC 9604.

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 98 STAT. 3266

42 USC 9604.

42 USC 9607.

PUBLIC LAW 98-616—NOV. 8, 1984

Administrator of the Agency for Toxic Substances and Disease Registry to conduct a health assessment in connection with such facility and take other appropriate action with respect to such risks as authorized by section 104(b) and (i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980. If funds are provided in connection with such request the Administrator of such Agency shall conduct such health assessment. "(c) MEMBERS OF THE PUBLIC.—Any member of the public may submit evidence of releases of or exposure to hazardous constituents from such a facility, or as to the risks or health effects associated with such releases or exposure, to the Administrator of the Agency for Toxic Substances and Disease Registry, the Administrator, or the State (in the case of a State with an authorized program). "(d) PRIORITY.—In determining the order in which to conduct health assessments under this subsection, the Administrator of the Agency for Toxic Substances and Disease Registry shall give priority to those facilities or sites at which there is documented evidence of release of hazardous constituents, at which the potential risk to human health appears highest, and for which in the judgment of the Administrator of such Agency existing health assessment data is inadequate to assess the potential risk to human health as provided in subsection (f). "(e) PERIODIC REPORTS.—The Administrator of such Agency shall issue periodic reports which include the results of all the assessments carried out under this section. Such assessments or other activities shall be reported after appropriate peer review. "(f) DEFINITION.—For the purposes of this section, the term 'health assessments' shall include preliminary assessments of the potential risk to human health posed by individual sites and facilities subject to this section, based on such factors as the nature and extent of contamination, the existence of potential for pathways of human exposure (including ground or surface water contamination, air emissions, and food chain contamination), the size and potential susceptibility of the community within the likely pathways of exposure, the comparison of expected human exposure levels to the short-term and long-term health effects associated with identified contaminants and any available recommended exposure or tolerance limits for such contaminants, and the comparison of existing morbidity and mortality data on diseases that may be associated with the observed levels of exposure. The assessment shall include an evaluation of the risks to the potentially affected population from all sources of such contaminants, including known point or nonpoint sources other than the site or facility in question. A purpose of such preliminary assessments shall be to help determine whether fullscale health or epidemiological studies and medical evaluations of exposed populations shall be undertaken. "(g) COST RECOVERY.—In any case in which a health assessment performed under this section discloses the exposure of a population to the release of a hazardous substance, the costs of such health assessment may be recovered as a cost of response under section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 from persons causing or contributing to such release of such hazardous substance or, in the case of multiple releases contributing to such exposure, to all such release.". (b) The table of contents for such subtitle C is amended by inserting the following new item after the item relating to section 3018: "Sec. 3019. Exposure information and health assessments.".

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98 STAT. 3267

TITLE III—PROVISIONS RELATING TO SUBTITLE D OF THE SOLID WASTE DISPOSAL ACT SIZE OF WASTE-TO-ENERGY FACILITIES

SEC. 301. (a) Section 4001 of the Solid Waste Disposal Act is amended by adding the following at the end thereof: "In developing such comprehensive plans, it is the intention of this Act that in determining the size of the waste-to-energy facility, adequate provision shall be given to the present and reasonably anticipated future needs of the recycling and resource recovery interest within the area encompassed by the planning process.". (b) Section 4003 of the Solid Waste Disposal Act is amended by adding the following new subsection at the end thereof:

Post, p. 3276.

Post, p. 3277.

"(d) SIZE OF WASTE-TO-ENERGY FACILITIES.—Notwithstanding any

of the above requirements, it is the intention of this Act and the planning process developed pursuant to this Act that in determining the size of the waste-to-energy facility, adequate provision shall be given to the present and reasonably anticipated future needs of the recycling and resource recovery interest within the area encompassed by the planning process.". SUBTITLE D IMPROVEMENTS

SEC. 302. (a)(1) Subtitle D of the Solid Waste Disposal Act is amended by adding the following new section after section 4009: ADEQUACY OF CERTAIN GUIDEUNES AND CRITERIA

"SEC. 4010. (a) STUDY.—The Administrator shall conduct a study 42 USC 6949a. of the extent to which the guidelines and criteria under this Act (other than guidelines and criteria for facilities to which subtitle C 42 USC 6921. applies) which are applicable to solid waste management and disposal facilities, including, but not limited to landfills and surface impoundments, are adequate to protect human health and the environment from ground water contamination. Such study shall include a detailed assessment of the degree to which the criteria under section 1008(a) and the criteria under section 4004 regarding 42 USC 6907, monitoring, prevention of contamination, and remedial action are 6944. adequate to protect ground water and shall also include recommendation with respect to any additional enforcement authorities which the Administrator, in consultation with the Attorney General, deems necessary for such purposes. "(b) REPORT.—Not later than thirty-six months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall submit a report to the Congress setting forth the results of the study required under this section, together with any recommendations made by the Administrator on the basis of such study. "(c) REVISIONS OF GUIDEUNES AND CRITERIA.—Not later than March 31, 1988, the Administrator shall promulgate revisions of the criteria promulgated under paragraph (1) of section 4004(a) and under section 1008(a)(3) for facilities that may receive hazardous household wastes or hazardous wastes from small quantity generators under section 3001(d). The criteria shall be those necessary to Ante, p. 3248. protect human health and the environment and may take into account the practicable capability of such facilities. At a minimum

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PUBLIC LAW 98-616—NOV. 8, 1984

such revisions for facilities potentially receiving such wastes should require ground water monitoring as necessary to detect contamination, establish criteria for the acceptable location of new or existing facilities, and provide for corrective action as appropriate.". (2) The table of contents for such subtitle D is amended by adding the following new item after the item relating to 4009: "Sec. 4010. Adequacy of certain guidelines and criteria.".

42 USC 6944. 42 USC 6945.

Ante, p. 3248. 42 USC 6925. 42 USC 6907. Ante, p. 3267.

42 USC 6947.

42 USC 6927, 6928.

(b) Section 4004(c) of the Solid Waste Disposal Act is amended by striking all after "subsection (a)" through "later". (c) Section 4005 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (b): "(c) CONTROL OF HAZARDOUS DISPOSAL.—(I)(A) Not later than 36 months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, each State shall adopt and implement a permit program or other system of prior approval and conditions to assure that each solid waste management facility within such State which may receive heizardous household waste or hazardous waste due to the provision of section 3001(d) for small quantity generators (otherwise not subject to the requirement for a permit under section 3005) will comply with the applicable criteria promulgated under section 4004(a) and section 1008(a)(3). "(B) Not later than eighteen months after the promulgation of revised criteria under subsection 4004(a) (as required by section 4010(c)), each State shall adopt and implement a permit program or other system or prior approval and conditions, to assure that each solid waste management facility within such State which may receive hazardous household waste or hazardous waste due to the provision of section 3001(d) for small quantity generators (otherwise not subject to the requirement for a permit under section 3005) will comply with the criteria revised under section 4004(a). "(C) The Administrator shall determine whether each State has developed an adequate program under this paragraph. The Administrator may make such a determination in conjunction with approval, disapproval or partial approval of a State plan under Section 4007. "(2)(A) In any State that the Administrator determines has not adopted an adequate program for such facilities under paragraph (I)(B) by the date provided in such paragraph, the Administrator may use the authorities available under sections 3007 and 3008 of this title to enforce the prohibition contained in subsection (a) of this section with respect to such facilities. "(B) For purposes of this paragraph, the term 'requirement of this subtitle' in section 3008 shall be deemed to include criteria promulgated by the Administrator under sections 1008(a)(3) and 4004(a) of this title, and the term 'hazardous wastes' in section 3007 shall be deemed to include solid waste at facilities that may handle hazardous household wastes or hazardous wastes from small quantity generators.". TITLE IV—PROVISIONS RELATING PRIMARILY TO SUBTITLE G OF THE SOLID WASTE DISPOSAL ACT CITIZEN SUITS

42 USC 6972.

SEC. 401. (a) Section 7002(a)(l) of the Solid Waste Disposal Act is amended by—

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(1) inserting "prohibition," immediately after "requirement,"; (2) inserting "(A)" immediately after "(1)"; and (3) inserting the following at the end thereof: "(B) against any person, including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution, and including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage, or disposal facility, who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment; or", (b) Section 7002(a) of the Solid Waste Disposal Act is amended 42 USC 6972. by(1) inserting "or the alleged endangerment may occur" immediately after "the alleged violation occurred" in the first sentence following paragraph (2); and (2) striking "to enforce such regulation or order, or to order the Administrator to perform such act or duty as the case may be" in the portion following paragraph (2) and inserting in lieu thereof the following: "to enforce the permit, standard, regulation, condition, requirement, prohibition, or order, referred to in paragraph (I)(A), to restrain any person who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste referred to in paragraph (1)(B), to order such person to take such other action as may be necessary, or both, or to order the Administrator to perform the act or duty referred to in paragraph (2), as the case may be, and to apply any appropriate civil penalties under section 3008(a) and (g)". 42 USC 6928. (c) Section 7002 of the Solid Waste Disposal Act is amended by adding the following new subsection at the end thereof: "(g) TRANSPORTERS.—A transporter shall not be deemed to have contributed or to be contributing to the handling, storage, treatment, or disposal, referred to in subsection (a)(1)(B) taking place after such solid waste or hazardous waste has left the possession or control of such transporter, if the transportation of such waste was under a sole contractual arrangement arising from a published tariff and acceptance for carriage by common carrier by rail and such transporter has exercised due care in the past or present handling, storage, treatment, transportation and disposal of such waste.". (d) Section 7002(b) of the Solid Waste Disposal Act is amended to read as follows: "(b) ACTIONS PROHIBITED.—(1) No action may be commenced under subsection (a)(l)(A) of this section— "(A) prior to 60 days after the plaintiff has given notice of the violation to— "(i) the Administrator; "(ii) the State in which the alleged violation occurs; and "(iii) to any alleged violator of such permit, standard, regulation, condition, requirement, prohibition, or order, except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation of subtitle C of this Act; or 42 USC 6921.

31-194

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42 USC 6973. 42 USC 9606. 42 USC 9604.

PUBLIC LAW 98-616—NOV. 8, 1984

"(B) if the Administrator or State has commenced and is diligently prosecuting a civil or criminal action in a court of the United States or a State to require compliance with such permit, standard, regulation, condition, requirement, prohibition, or order. In any action under subsection (a)(1)(A) in a court of the United States, any person may intervene as a matter of right. "(2)(A) No action may be commenced under subsection (a)(1)(B) of this section prior to ninety days after the plaintiff has given notice of the endangerment to— "(i) the Administrator; "(ii) the State in which the alleged endangerment may occur; "(iii) any person alleged to have contributed or to be contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste referred to in subsection (a)(1)(B), except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation of subtitle C of this Act. "(B) No action may be commenced under subsection (a)(1)(B) of this section if the Administrator, in order to restrain or abate acts or conditions which may have contributed or are contributing to the activities which may present the alleged endangerment— "(i) has commenced and is diligently prosecuting an action under section 7003 of this Act or under section 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, "(ii) is actually engaging in a removal action under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980; "(iii) has incurred costs to initiate a Remedial Investigation and Feasibility Study under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 and is diligently proceeding with a remedial action under that Act; or "(iv) has obtained a court order (including a consent decree) or issued an administrative order under section 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 980 or section 7003 of this Act pursuant to which a responsible party is diligently conducting a removal action, Remedial Investigation and Feasibility Study (RIFS), or proceeding with a remedial action. In the case of an administrative order referred to in clause (iv), actions under subsection (a)(1)(B) are prohibited only as to the scope and duration of the administrative order referred to in clause (iv). "(C) No action may be commenced under subsection (a)(1)(B) of this section if the State, in order to restrain or abate acts or conditions which may have contributed or are contributing to the activities which may present the alleged endangerment— "(i) has commenced and is diligently prosecuting an action under subsection (a)(1)(B); "(ii) is actually engaging in a removal action under section 104 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980; or "(iii) has incurred costs to initiate a Remedial Investigation and Feasibility Study under section 104 of the Comprehensive

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Environmental Response, Compensation and Liability Act of 1980 and is diligently proceeding with a remedial action under that Act. "(D) No action may be commenced under subsection (a)(1)(B) by any person (other than a State or local government) with respect to the siting of a hazardous waste treatment, storage, or a disposal facility, nor to restrain or enjoin the issuance of a permit for such facility. "(E) In any action under subsection (a)(l)(B) in a court of the United States, any person may intervene as a matter of right when the applicant claims an interest relating to the subject of the action and he is so situated that the disposition of the action may, as a practical matter, impair or impede his ability to protect that interest, unless the Administrator or the State shows that the applicant's interest is adequately represented by existing parties. "(F) Whenever any action is brought under subsection (a)(l)(B) in a court of the United States, the plaintiff shall serve a copy of the complaint on the Attorney General of the United States and virith the Administrator.". (e) Section 7002(e) of the Solid Waste Disposal Act is amended by striking out "to any party" and substituting in lieu thereof "to the prevailing or substantially prevailing party" and inserting "or section 7006" after "this section".

42 USC 9604.

42 USC 6972.

IMMINENT HAZARD

SEC. 402. Section 7003(a) of the Solid Waste Disposal Act is amended by(1) inserting "past or present" after "evidence that the"; (2) striking "to immediately restrain any person" and inserting in lieu thereof "against any person (including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage, or disposal facility) who has contributed or who is"; (3) striking "to stop" and inserting in lieu thereof "to restrain such person from"; (4) striking "or to take such other action as may be necessary" and substituting ", to order such person to take such other action as may be necessary, or both"; and (5) inserting after the first sentence thereof the following: "A transporter shall not be deemed to have contributed or to be contributing to such handling, storage, treatment, or disp3sal taking place after such solid waste or hazardous waste has left the possession or control of such transporter if the transportation of such waste was under a sole contractural arrangement arising from a published tariff and acceptance for carriage by common carrier by rail and such transporter has exercised due care in the past or present handling, storage, treatment, transportation and disposal of such waste.".

42 USC 6973.

ENFORCEMENT

SEC. 403. (a) Section 7003 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection O> t) thereof: "(c) IMMEDIATE NOTICE.—Upon receipt of information that there is hazardous waste at any site which has presented an imminent and

42 USC 6973.

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PUBLIC LAW 98-616—NOV. 8, 1984 substantial endangerment to human health or the environment, the Administrator shall provide immediate notice to the appropriate local government agencies. In addition, the Administrator shall require notice of such endangerment to be promptly posted at the site where the waste is located.". (b)(1) Subtitle G of the Solid Waste Disposal Act is amended by adding the following new section after section 7011: "LAW ENFORCEMENT AUTHORITY

Post, p. 3273. 42 USC 6979b.

"SEC. 7012. The Attorney General of the United States shall, at the request of the Administrator and on the basis of a showing of need, deputize qualified employees of the Environmental Protection Agency to serve as special deputy United States marshals in criminal investigations with respect to violations of the criminal provisions of this Act.". (2) The table of contents for subtitle G of such Act is amended by inserting the following new item after the item relating to section 7011. "Sec. 7012. Law enforcement authority.".

42 USC 6945. 42 USC 6972. 42 USC 6928.

42 USC 6912.

(c) Section 4005 of the Solid Waste Disposal Act is amended by inserting after the first sentence in subsection (a) the following: "The prohibition contained in the preceding sentence shall be enforceable under section 7002 against persons engaged in the act of open dumping." (d)(1) Section 3008(a)(1) of the Solid Waste Disposal Act is amended to read as follows: "(1) Except as provided in paragraph (2), whenever on the basis of any information the Administrator determines that any person has violated or is in violation of any requirement of this subtitle, the Administrator may issue an order assessing a civil penalty for any past or current violation, requiring compliance immediately or within a specified time period, or both, 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.". (2) Section 3008(a)(3) of such Act is amended to read as follows: "(3) Any order issued pursuant to this subsection may include a suspension or revocation of any permit issued by the Administrator or a State under this subtitle and shall state with reasonable specificity the nature of the violation. Any penalty assessed in the order shall not exceed $25,000 per day of noncompliance for each violation of a requirement of this subtitle. In assessing such a penalty, the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.". (3) Section 3008(c) of such Act is amended to read as follows: "(c) VIOLATION OF COMPLIANCE ORDERS.—If a violator fails to take corrective action within the time specified in a compliance order, the Administrator may assess a civil penalty of not more than $25,000 for each day of continued noncompliance with the order and the Administrator may suspend or revoke any permit issued to the violator (whether issued by the Administrator or the State).". (4) Section 2002 of such Act is amended by inserting the following at the end thereof: "(c) CRIMINAL INVESTIGATIONS.—In carrying out the provisions of this Act, the Administrator, and duly-designated agents and employees of the Environmental Protection Agency, are authorized to initiate and conduct investigations under the criminal provisions of

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this Act, and to refer the results of these investigations to the Attorney General for prosecution in appropriate cases.". (5) Section 7006(b) of such Act is amended by inserting the following before the last sentence thereof: "Action of the Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in civil or criminal proceedings for enforcement.".

42 USC 6976.

PUBLIC PARTICIPATION IN SETTLEMENTS

SEC. 404. Section 7003 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (c) thereof: "(d) PuBLi© PARTICIPATION IN SETTLEMENTS.—Whenever the United States or the Administrator proposes to covenant not to sue or to forbear from suit or to settle any claim arising under this section, notice, and opportunity for a public meeting in the affected area, and a reasonable opportunity to comment on the proposed settlement prior to its final entry shall be afforded to the public. The decision of the United States or the Administrator to enter into or not to enter into such Consent Decree, covenant or agreement shall not constitute a final agency action subject to judicial review under this Act or the Administrative Procedure Act.".

Ante, p. 3271.

5 USC note prec. 551.

INTERIM CONTROL OF HAZARDOUS WASTE INJECTION

SEC. 405. (a) Subtitle G of the Solid Waste Disposal Act is amended by adding the following new section at the end thereof: "INTERIM CONTROL OF HAZARDOUS WASTE INJECTION "SEC. 7010. (a) UNDERGROUND SOURCE OF DRINKING WATER.—NO hazardous waste may be disposed of by underground injection— "(1) into a formation which contains (within one-quarter mile of the well used for such underground injection) an underground source of drinking water; or "(2) above such a formation. The prohibitions established under this section shall take effect 6 months after the enactment of the Hazardous and Solid Waste Amendments of 1984 except in the case of any State in which identical or more stringent prohibitions are in effect before such date under the Safe Drinking Water Act. "(b) ACTIONS UNDER CERCLA.—Subsection (a) shall not apply to the injection of contaminated ground water into the aquifer from which it was withdrawn, if— "(1) such injection is— "(A) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, or "(B) part of corrective action required under this title intended to clean up such contamination; "(2) such contaminated ground water is treated to substantially reduce hazardous constituents prior to such injection; and "(3) such response action or corrective action will, upon completion, be sufficient to protect human health and the environment. "(c) ENFORCEMENT.—In addition to enforcement under sections 7002 and 7003 of this Act, the prohibitions established under para-

Prohibition. ^^ ^SC 6979a.

42 USC 201 note.

42 USC 9604, 9606.

42 USC 6972, 6973.

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graphs (1) and (2) of subsection (a) shall be enforceable under the 42 USC 201 note. Safe Drinking Water Act in any State— "(1) which has adopted identical or more stringent prohibi42 USC 300h. tions under part C of the Safe Drinking Water Act and which has assumed primary enforcement responsibility under that Act for enforcement of such prohibitions; or "(2) in which the Administrator has adopted identical or more stringent prohibitions under the Safe Drinking Water Act and is exercising primary enforcement responsibility under that Act for enforcement of such prohibitions. "(d) The terms 'primary enforcement responsibility', 'underground source of drinking water', 'formation' and 'well' have the same meanings as provided in regulations of the Administrator under the Safe Drinking Water Act. The term 'Safe Drinking Water 42 USC 300f. Act' means title XIV of the Public Health Service Act.". (b) TABLE OF CONTENTS.—The table of contents for such subtitle G is amended by inserting the following new item at the end thereof: "Sec. 7010. Interim control of hazardous waste injection.".

TITLE V—PROVISIONS RELATING TO SEVERAL SUBTITLES OF THE SOLID WASTE DISPOSAL ACT USE OF RECOVERED MATERIALS BY FEDERAL AGENCIES

42 USC 6962.

SEC. 501. (a) Section 6002 of the Solid Waste Disposal Act is amended by adding the following new subsections after subsection (g) thereof^ "(h) DEFINITION.—As used in this section, in the case of paper products, the term 'recovered materials' includes— "(1) postconsumer materials such as— "(A) paper, paperboard, and fibrous wastes from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; and "(B) all paper, paperboard, and fibrous wastes that enter and are collected from municipal solid waste, and "(2) manufacturing, forest residues, and other wastes such as— "(A) dry paper and paperboard waste generated after completion of the papermaking process (that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller rolls or rough sheets) including: envelope cuttings, bindery trimmings, and other paper and paperboard waste, resulting from printing, cutting, forming, and other converting operations; bag, box, and carton manufacturing wastes; and butt rolls, mill wrappers, and rejected unused stock; and "(B) finished paper and paperboard from obsolete inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters, or others; "(C) fibrous byproducts of harvesting, manufacturing, extractive, or wood-cutting processes, flax, straw, linters, bagasse, slash, and other forest residues;

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"(D) wastes generated by the conversion of goods made from fibrous material (that is, waste rope from cordiage manufacture, textile mill waste, and cuttings); and "(E) fibers recovered from waste water which otherwise would enter the waste stream, "(i) PROCUREMENT PROGRAM.—(1) Within one year after the date of publication of applicable guidelines under subsection (e), each procuring agency shall develop an affirmative procurement program which will assure that items composed of recovered materials will be purchased to the maximum extent practicable and which is consistent with applicable provisions of Federal procurement law. "(2) Each affirmative procurement program required under this subsection shall, at a minimum, contain— "(A) a recovered materials preference program; "(B) an agency promotion program to promote the preference program adopted under subparagraph (A); "(C) a program for requiring estimates of the total percentjage of recovered material utilized in the performance of a contract; certification of minimum recovered material content actueiliy utilized, where appropriate; and reasonable verification procedures for estimates and certifications; and "(D) annual review and monitoring of the effectiveness of an agency's affirmative procurement program. In the case of paper, the recovered materials preference program required under subparagraph (A) shall provide for the maximum use of the post consumer recovered materials referred to in subsection (h)(1). "(3) In developing the preference program, the following options shall be considered for adoption: "(A) Case-by-Ceise Policy Development: Subject to the limitations of subsection (c)(1)(A) through (C), a policy of awarding contracts to the vendor offering an item composed of the highest percentage of recovered materials practicable (and in the case of paper, the highest percentage of the post consumer recovered materials referred to in subsection (h)(1)). Subject to such limitations, agencies may make an award to a vendor offering items with less than the maximum recovered materials content. "(B) Minimum Content Standards: Minimum recovered mgiterials content specifications which are set in such a way as to assure that the recovered materials content (and in the case of paper, the content of post consumer materials referred to in subsection (h)(1)) required is the maximum available without jeopardizing the intended end use of the item, or violating the limitations of subsection (c)(1)(A) through (C). Procuring agencies shall adopt one of the options set forth in subparagraphs (A) and (B) or a substantially equivalent alternative, for inclusion in the affirmative procurement program.". (b) Section 6002(e) of the Solid Waste Disposal Act is amended 42 USC 6962. by— (1) adding the following after "section" in paragraph (1): ", and in the case of paper, provide for maximizing the use of post consumer recovered materials referred to in subsection (h)(1)"; and (2) striking out "for at least three product categories" and all that follows down through "1982" and substituting "for paper within one hundred and eighty days after the enactment of the Hazardous and Solid Waste Amendments of 1984, and for three

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