text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/844

 98 STAT. 3216

Ante, p. 3207.

Report.

Expiration date.

PUBLIC LAW 98-615—NOV. 8, 1984

"(B) to study the feasibility of an awards program based on the collective performance of units or other groups of employees who are covered by chapter 54 of this title, and to submit as part of its annual report under paragraph (3) of this subsection recommendations for any actions which the board considers appropriate with respect to any such program; and "(C) to provide technical assistance with respect to any demonstration projects which may relate to performance standards of the agency under this section. "(3) A board shall report to the head of the agency on its activities under this subsection annually. "(e) In carrying out this section, neither the Office nor any other agency may prescribe a distribution of levels of performance ratings for employees covered by chapter 54 of this title. "(f) The Office may not prescribe, or require an agency to prescribe, any specific performance standard or element for purposes of this section. "(g) This section and any regulations prescribed under this section shall cease to be effective as of the date on which chapter 54 of this title ceases to be effective.". (b) The table of sections for chapter 43 of title 5, United States Code, is amended by inserting after the item relating to section 4302 the following new item: "4302a. Establishment of performance appraisal systems for performance management and recognition system employees.". MERIT INCREASES AS EQUIVALENT INCREASES IN PAY

Ante, p. 3210.

SEC. 203. Section 5335 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: "(f) Notwithstanding subsection (b) or (e) of this section, an increase in pay granted under section 5404 of this title is an equivalent increase in pay within the meaning of subsection (a) of this section and shall be taken into account in the case of any employee who, before becoming subject to this section, was granted such an increase while covered by the performance management and recognition system established under chapter 54 of this title.". TECHNICAL AND CONFORMING AMENDMENTS

SEC. 204. (a) Title 5, United States Code, is amended— (1) in sections 4501(2)(A), 5332(a), 5334(c)(2), 5334(0, 5335(e), 5336(c), and 5362(c)(3), by striking out "the merit pay system established under section 5402" each place it appears and inserting in lieu thereof "the performance management and recognition system established under chapter 54"; (2) in section 5361(5), by striking out "merit pay system" and inserting in lieu thereof "performance management and recognition system"; and (3) in section 5948(g)(1)(C), by striking out "Merit Pay System" and inserting "performance management and recognition svstem". (b) Section 1602 of title 10, United States Code, and section 731(b) of title 31, United States Code, are each amended by striking out "5401(a)" and inserting in lieu thereof "5401".

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/845

 PUBLIC LAW 98-615—NOV. 8, 1984

98 STAT. 3217

EFFECTIVE DATE; TRANSITION PROVISIONS

SEC. 205. (a) The amendments made by this title shall be effective 5 USC 5401 note. as of October 1, 1984, and shall apply with respect to pay periods commencing on or after that date. (b) The rate of basic pay for any individual serving in a position— (1) which is in the merit pay system before the date on which the amendments made by this title take effect, but (2) which does not become covered by the performance management and recognition system, shall not be reduced on account of such position not becoming so covered. (c) The rate of basic pay for any individual serving in a position which ceases to be covered by the performance management and recognition system as a result of the termination of such system under section 5410 of title 5, United States Code, as amended by this title, shall not be reduced on account of such termination. Ante, p. 3214. (d)(1) Except as provided in paragraph (2), any agency or unit of an agency which, immediately before the date of enactment of this Act, was excluded from coverage under the merit pay system shall be excluded from coverage under the performance management and recognition system for the 12-month period beginning on such date of enactment. (2) An exclusion under paragraph (1) may be revoked at any time in accordance with section 5402(b)(5) of title 5, United States Code, as amended by this Act. ^«^e, p. 3208. TITLE III—SENIOR EXECUTIVE SERVICE

Continuation.

CONGRESSIONAL FINDINGS

SEC. 301. The Congress finds that the Senior Executive Service should be continued indefinitely.

5 USC 3131 note.

PERFORMANCE AWARDS

SEC. 302. Subsection (b) of section 5384 of title 5, United States Code, is amended— (1) in paragraph (2), by striking out "exceed" and inserting in lieu thereof "be less than 5 percent nor more than"; and (2) by amending paragraph (3) of such subsection to read as follows: "(3) The aggregate amount of performance awards paid under this section by an agency during any fiscal year may not exceed the greater of— "(A) an amount equal to 3 percent of the aggregate amount of basic pay paid to career appointees in such agency during the preceding fiscal year; or "(B) an amount equal to 15 percent of the average of the annual rates of basic pay paid to career appointees in such agency during the preceding fiscal year.". REDUCTIONS IN FORCE

SEC. 303. (a) Section 3593(c)(1)(B) of title 5, United States Code, is amended by inserting "before October 1, 1984," after "title", (b) Section 3594(b) of such title is amended to read as follows:

5 USC 3594.

�

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


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/846

 98 STAT. 3218 5 USC 3393. 5 USC 4311. Infra. 5 USC 3595.

5 USC 7701.

PUBLIC LAW 98-615—NOV. 8, 1984

"(b) A career appointee who has completed the probationary period under section 3393(d) of this title, and who— "(1) is removed from the Senior Executive Service for less than fully successful executive performance as determined under subchapter II of chapter 43 of this title; or "(2) is removed from the Senior Executive Service under paragraph (4) or (5) of section 3595(b) of this title; shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency.". (^) Section 3595(b) of such title is amended— (1) in paragraph (3)(B), by striking out "is entitled" and all that follows thereafter through "position." and inserting in lieu thereof "shall be placed by the Office in any agency in any vacant Senior Executive Service position unless the head of that agency determines that the career appointee is not qualified for that position."; and (2) by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: "(4) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service due to a reduction in force if the career appointee declines a reasonable offer for placement in a Senior Executive Service position under paragraph (3)(B). "(5) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service due to a reduction in force if the career appointee is not placed in another Senior Executive Service position under paragraph (3)(B) within 45 days after the Office receives certification regarding that appointee under paragraph (3)(B).". (d) Section 3595(c) of such title is amended to read as follows: "(c) A career appointee is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title whether the reduction in force complies with the competitive procedures required under subsection (a).". DIRECTED REASSIGNMENT; TRANSFER OF FUNCTION

SEC. 304. (a) Section 3395(a)(2) of title 5, United States Code, is amended to read as follows: "(2)(A) Except as provided in subparagraph (B) of this paragraph, a career appointee may be reassigned to any Senior Executive Service position only if the career appointee receives written notice of the reassignment at least 15 days before the effective date of such reassignment. "(B)(i) A career appointee may not be reassigned to a Senior Executive Service position outside the career appointee's commuting area unless— "(I) before providing notice under subclause (II) of this clause (or seeking or obtaining the consent of the career appointee under clause (ii) of this subparagraph to waive such notice), the agency consults with the career appointee on the reasons for, and the appointee's preferences with respect to, the proposed reassignment; and "(II) the career appointee receives written notice of the reassignment, including a statement of the reasons for the reassignment, at least 60 days before the effective date of the reassignment.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/847

 PUBLIC LAW 98-615—NOV. 8, 1984

98 STAT. 3219

"(ii) Notice of reassignment under clause (i)(II) of this subparagraph may be waived with the written consent of the career appointee involved.". (b) Section 3595 of such title is amended by adding at the end thereof the following new subsection: "(e) The Office shall prescribe regulations under which the rights accorded to a career appointee in the event of a transfer of function are comparable to the rights accorded to a competing employee under section 3503 of this title in the event of such a transfer.". (c) Section 7543(a) of such title is amended by striking out "or malfeasance." and inserting in lieu thereof "malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.". (d) Section 8336(d) of such title is amended by inserting after the first sentence the following new sentence: "For purposes of paragraph (1) of this subsection, separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function shall not be considered to be a removal for cause on charges of misconduct or delinquency.".

Waiver.

5 USC 3595. Regulations. 5 USC 3503. 5 USC 7543.

5 USC 8336.

PAY LIMITATION

SEC. 305. Section 5383(b) of title 5, United States Code, is amended to read as follows: "(b)(1) In no event may the aggregate amount paid to a senior executive during any fiscal year under sections 4507, 5382, 5384,, and 5948 of this title exceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such fiscal year. "(2)(A) Any amount which is not paid to a senior executive during a fiscal year because of the limitation under pari^graph (1) of this subsection shall be paid to that individual in a lump sum at the beginning of the following fiscal year. "(B) Any amount paid under this paragraph during a fiscal year shall be taken into account for purposes of applying the limitation under paragraph (1) of this subsection with respect to such fiscal year. "(C) The Office of Personnel Management shall prescribe regulations, consistent with section 5582 of this title, under which payment under this paragraph shall be made in the case of any individual whose death precludes payment under subparagraph (A) of this paragraph.". MISCELLANEOUS SENIOR EXECUTIVE SERVICE AMENDMENTS

SEC. 306. (a) Section 3135(a) of title 5, United States Code, is amended— (1) by striking out "and" at the end of paragraph (8); (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following new paragraph: "(9) the number of career appointees who have been place;d in positions outside the Senior Executive Service under section 3594 of this title as a result of a removal under section 3595 of this title; and".

5 USC 4507, 5382, 5384, 5948.

Regulations. 5 USC 5582.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/848

 98 STAT. 3220 5 USC 3393.

5 USC 4312.

5 USC 3595a.

Appeal. 5 USC 7701.

PUBLIC LAW 98-615—NOV. 8, 1984

(b)(1) The first sentence of section 3393(b) of such title is amended by inserting before the period the following: "or commissioned officers of the uniformed services serving on active duty in such agency". (2) Section 4312(b)(3) of such title is amended by inserting ", or (with the consent of the senior executive) a commissioned officer in the uniformed services serving on active duty," after "employee", and by striking out "executive". (c)(1) Such title is amended by adding after section 3595 the following new section: "§ 3595a. Furlough in the Senior Executive Service "(a) For the purposes of this section, 'furlough' means the placement of a senior executive in a temporary status in which the senior executive has no duties and is not paid when the placement in such status is by reason of insufficient work or funds or for other nondisciplinary reasons. "(b) An agency may furlough a career appointee only in accordance with regulations issued by the Office of Personnel Management. "(c) A career appointee who is furloughed is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title.". (2) The table of sections for chapter 35 of such title is amended by inserting after the item relating to section 3595 the following new item: "3595a. Furlough in the Senior Executive Service.". EFFECTIVE DATE

5 USC 3135 note.

SEC. 307. The amendments made by this title shall be effective following the expiration of the 90-day period beginning on the date of enactment of this Act, except that the amendments made by section 304 shall be effective as of such date of enactment. Approved November 8, 1984.

LEGISLATIVE HISTORY—H.R. 2300: HOUSE REPORT No. 98-1054 (Comm. on Post Office and eivil Service). CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 24, considered and passed House. Oct. 10, considered and passed Senate, amended; House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 45 (1984): Nov. 9, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/849

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3221

Public Law 98-616 98th Congress An Act To amend the Solid Waste Disposal Act to authorize appropriations for the fiscal years 1985 through 1988, and for other purposes.

Nov. 8, 1984 [H.R. 2867]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, The Hazardous SHORT TITLE AND TABLE OF CONTENTS

and Solid Waste Amendments of 1984.

SECTION 1. This Act may be cited as "The Hazardous and Solid f^^^^ ^^^^ Waste Amendments of 1984". Pollution. TABLE OF CONTENTS

Sec. 1. Short title and table of contents. Sec. 2. Authorizations for fiscal years 1985 through 1988. TITLE I—PROVISIONS RELATING PRIMARILY TO SUBTITLES A AND B OF THE SOLID WASTE DISPOSAL ACT SEC. 101. Findings and objectives of Solid Waste Disposal Act. Sec. 102. Dioxins from resource recovery facilities. Sec. 103. Ombudsman. TITLE II—PROVISIONS RELATING PRIMARILY TO SUBTITLE C OF THE SOLID WASTE DISPOSAL ACT Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

201. 202. 203. 204. 205. 206. 207. 208. 209.

Subtitle A—Amendments Primarily to Section 3004 Land disposal of hazardous waste. Minimum technological requirements. Ground water monitoring. Burning and blending of hazardous waste. Direct action. Continuing releases at permitted facilities. Corrective action beyond facility boundaries; underground tanks. Financial responsibility for corrective action. Mining waste and other special wastes.

Subtitle B—Amendments Primarily to Section 3005 Sec. 211. Authority to construct hazardous waste treatment, storage, or disposal facilities. Sec. 212. Permit life. Sec. 213. Interim status. Sec. 214. New and innovative treatment technologies. Sec. 215. Existing surface impoundments. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Subtitle C—Amendments Primarily to Other Sections in Subtitle C 221. Small quantity generator waste. 222. Listing and delisting of hazardous waste. 223. Clarification of household waste exclusion. 224. Waste minimization. 225. Basis of authorization. 226. Availability of information. 227. Interim authorization of State programs. 228. Application of amendments to authorized States. 229. Federal facilities. 230. State-operated facilities. 231. Mandatory inspections. 232. Federal enforcement. 233. Interim status corrective action orders.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/850

 98 STAT. 3222

PUBLIC LAW 98-616—NOV. 8, 1984

Sec. 234. Effective date of regulations. Subtitle D—New Sections in Subtitle C Sec. Sec. Sec. Sec. Sec. Sec. Sec.

241. 242. 243. 244. 245. 246. 247.

Management of used oil. Recovery and recycling of used oil. Expansion during interim status. Inventory of Federal agency hazardous waste facilities. Export of hazardous waste. Domestic sewage. Exposure information and health asessments.

TITLE III-PROVISIONS RELATING PRIMARILY TO SUBTITLE D OF THE SOLID WASTE DISPOSAL ACT Sec. 30L Size of waste-to-energy facilities. Sec. 302. Subtitle D improvements. TITLE IV—PROVISIONS RELATING PRIMARILY TO SUBTITLE G OF THE SOLID WASTE DISPOSAL ACT Sec. Sec. Sec. Sec. Sec.

401. 402. 403. 404. 405.

Citizen suits. Imminent hazard. Enforcement. Public participation in settlements. Interim control of hazardous waste injection.

TITLE V—PROVISIONS RELATING TO SEVERAL SUBTITLES OF THE SOLID WASTE DISPOSAL ACT Sec. 501. Use of recovered materials by Federal agencies. Sec. 502. Technical and clerical amendments. TITLE VI—UNDERGROUND STORAGE TANKS Sec. 601. Underground storage tank regulation. Sec. Sec. Sec. Sec.

701. 702. 703. 704.

TITLE VII—OTHER PROVISIONS Report to Congress on injection of hazardous waste. Extending the useful life of sanitary landfills. Uranium mill tailings. National Ground Water Commission.

AUTHORIZATIONS FOR FISCAL YEARS 1985 THROUGH 1988

42 USC 6916.

42 USC 6931.

42 USC 6933.

42 USC 6948.

SEC. 2. (a) Section 2007(a) of the Solid Waste Disposal Act (relating to general authorization) is amended by striking out "and $80,000,000 for the fiscal year ending September 30, 1982" and substituting "$80,000,000 for the fiscal year ending September 30, 1982, $70,000,000 for the fiscal year ending September 30, 1985, $80,000,000 for the fiscal year ending September 30, 1986, ),000,000 for the fiscal year ending September 30, 1987, and ),000,000 for the fiscal year 1988". (b) Section 3011(a) of the Solid Waste Disposal Act (relating to State hazardous waste programs) is amended by striking out "and $40,000,000 for fiscal year 1982" and substituting "$40,000,000 for the fiscal year 1982, $55,000,000 for the fiscal year 1985, $60,000,000 for the fiscal year 1986, $60,000,000 for the fiscal year 1987, and $60,000,000 for the fiscal year 1988". (c) Section 3012 of the Solid Waste Disposal Act (relating to the hazardous waste inventory) is amended by striking out "$20,000,000" in subsection (c)(2) and inserting in lieu thereof "$25,000,000 for each of the fiscal years 1985 through 1988". (d) Section 4008(a)(1) of the Solid Waste Disposal Act (relating to development and implementation assistance) is amended by striking out "and $20,000,000 for fiscal year 1982" and substituting

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/851

 PUBLIC LAW 98-616—NOV. 8, 1984

STAT. 3223

"$20,000,000 for the fiscal year 1982, and $10,000,000 for each of the fiscal years 1985 through 1988". (e) Section 4008(a)(2)(C) of the Solid Waste Disposal Act (relating to 42 USC 6948. implementation assistance) is amended by striking out "and $10,000,000 for fiscal year 1982" and substituting "$10,000,000 for fiscal year 1982, and $10,000,000 for each of the fiscal years 1985 through 1988". "(f) UNDERGROUND STORAGE TANKS.—(1) There are authorized to be appropriated to the Administrator for the purpose of carrying out the provisions of subtitle I (relating to regulation of underground Post, p. 3277. storage tanks), $10,000,000 for each of the fiscal years 1985 through 1988. (g) Section 4008 of the Solid Waste Disposal Act (relating to Federal assistance for certain programs) is amended in paragraph (4) of subsection (f) (relating to assistance to States for discretionary programs for recycled oil) by striking out "and $5,000,000 for fiscal year 1983" and substituting ", $5,000,000 for fiscal year 1983, and $5,000,000 for each of the fiscal years 1985 through 1988". (h) Section 5006 of the Solid Waste Disposal Act (relating to 42 USC 6956. Department of Commerce functions) is amended by inserting after "1982" the following "and $1,500,000 for each of the fiscal years 1985 through 1988". (i) Section 2007 of the Solid Waste Disposal Act (relating to 42 USC 6916. criminal investigators) is amended by adding the following new subsections at the end thereof: "(e) CRIMINAL INVESTIGATORS.—There is authorized to be appropriated to the Administrator $3,246,000 for the fiscal year 1985, $2,408,300 for the fiscal year 1986, $2,529,000 for the fiscal year 1987, and $2,529,000 for the fiscal year 1988 to be used— "(1) for additional officers or employees of the Environmental Protection Agency authorized by the Administrator to conduct criminal investigations (to investigate, or supervise the investigation of, any activity for which a criminal penalty is provided) under this Act; and "(2) for support costs for such additional officers or employees. "(f) UNDERGROUND STORAGE TANKS.—(1) There are authorized to be appropriated to the Administrator for the purpose of carrying out the provisions of subtitle I (relating to regulation of underground storage temks), $10,000,000 for each of the fiscal years 1985 through 1988. "(2) There is authorized to be appropriated $25,000,000 for each of Grants. the fiscal years 1985 through 1988 to be used to make grants to the States for purposes of assisting the States in the development and implementation of approved State underground storage tank release detection, prevention, and correction programs under subtitle I." (j) There is authorized to be appropriated for purposes of section 2210)) of this Act $500,000 for each of the fiscal years 1985 through 1987. (k) Section 4008(a)(2) of the Solid Waste Disposal Act is amended 42 USC 6948. by adding the following new subparagraph after subparagraph (C): "(D) There are authorized— "(i) to be made available $15,000,000 out of funds appropriated for fiscal year 1985, and "(ii) to be appropriated for each of the fiscal years 1986 though 1988, $20,000,000 for grants to States (and where appropriate to regional, local, and interstate agencies) to implement programs requiring compliance by

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/852

 98 STAT. 3224 42 USC 6944, 42 USC 6945

Post, p. 3289.

PUBLIC LAW 98-616—NOV. 8, 1984 solid waste management facilities with the criteria promulgated under section 4004(a) and section 1008(a)(3) and with the provisions °^ section 4005. To the extent practicable, such programs shall require such compliance not later than thirty-six months after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984.". (1) For provisions authorizing the appropriation of funds for the National Ground Water Commission, see section 704 of this Act. TITLE I—PROVISIONS RELATING PRIMARILY TO SUBTITLES A AND B OF THE SOLID WASTE DISPOSAL ACT FINDINGS AND OBJECTIVES OF SOUD WASTE DISPOSAL ACT

42 USC 6901.

42 USC 6902.

Congress.

SEC. 101. (a) Section 1002(b) of the Solid Waste Disposal Act is amended by— (1) striking out paragraph (5) and substituting: "(5) the placement of inadequate controls on hazardous waste management will result in substantial risks to human health and the environment; "(6) if hazardous waste management is improperly performed in the first instance, corrective action is likely to be expensive, complex, and time consuming; "(7) certain classes of land disposal facilities are not capable of assuring long-term containment of certain hazardous wastes, and to avoid substantial risk to human health and the environment, reliance on land disposal should be minimized or eliminated, and land disposal, particularly landfill and surface impoundment, should be the leeist favored method for managing hazardous wastes; and"; (2) redesignating paragraph (6) as paragraph (8); and (3) striking out the semicolon in redesignated paragraph (8) and substituting a period. (b) Section 1003 of the Solid Waste Disposal Act is amended by— (1) adding "AND NATIONAL POLICY" to the title, inserting "(a) OBJECTIVES.—" after "SEC. 1003.", and adding the following new subsection at the end thereof: "(b) NATIONAL PoLiCY.—The Congress hereby declares it to be the national policy of the United States that, wherever feasible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible. Waste that is nevertheless generated should be treated, stored, or disposed of so as to minimize the present and future threat to human health and the environment."; and (2) striking out paragraph (4) of subsection (a) (as designated by paragraph (1) of this subsection), substituting the following new paragraphs in such subsection (a), and redesignating paragraphs (5) through (8) thereof as paragraphs (8) through (11): "(4) assuring that hazardous waste management practices are conducted in a manner which protects human health and the environment; "(5) requiring that hazardous waste be properly managed in the first instance thereby reducing the need for corrective action at a future date; "(6) minimizing the generation of hazardous waste and the land disposal of hazardous waste by encouraging process substi-

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/853

 PUBLIC LAW 98-616—NOV. 8, 1984

STAT. 3225

tution, materials recovery, properly conducted recycling and reuse, and treatment; "(7) establishing a viable Federal-State partnership to carry out the purposes of this Act and insuring that the Administrator will, in carrying out the provisions of subtitle C of this Act, give a high priority to assisting and cooperating with States in obtaining full authorization of State programs under subtitle C;". DIOXINS FROM RESOURCE RECOVERY FACILITIES

SEC. 102. Section 1006(b) of the Solid Waste Disposal Act is amended by inserting "(1)" after "INTEGRATION WITH OTHER ACTS.—" and by adding the following new paragraph at the end thereof: "(2)(A) As promptly as practicable after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall submit a report describing— "(i) the current data and information available on emissions of polychlorinated dibenzo-p-dioxins from resource recovery facilities burning municipal solid waste; "(ii) any significant risks to human health posed by these emissions; and "(iii) operating practices appropriate for controlling these emissions. "(B) Based on the report under subparagraph (A) and on any future information on such emissions, the Administrator may publish advisories or guidelines regarding the control of dioxin emissions from such facilities. Nothing in this paragraph shall be construed to preempt or otherwise affect the authority of the Administrator to promulgate any regulations under the Clean Air Act regarding emissions of polychlorinated dibenzo-p-dioxins.".

42 USC 6905.

Report.

42 USC 7401 note.

OMBUDSMAN

SEC. 103. (a) Subtitle B of the Solid Waste Disposal Act is amended by inserting the following new section after section 2007: OFFICE OF OMBUDSMAN "SEC. 2008. (a) ESTABLISHMENT; FUNCTIONS.—The Administrator shall establish an Office of Ombudsman, to be directed by an Ombudsman. It shall be the function of the Office of Ombudsman to receive individual complaints, grievances, requests for information submitted by any person with respect to any program or requirement under this Act. "(b) AUTHORITY TO RENDER ASSISTANCE.—The Ombudsman shall render assistance with respect to the complaints, grievances, and requests submitted to the Office of Ombudsman, and shall make appropriate recommendations to the Administrator. "(c) EFFECT ON PROCEDURES FOR GRIEVANCES, APPEALS, OR ADMINISTRATIVE MATTERS.—The establishment of the Office of Ombuds-

man shall not affect any procedures for grievances, appeals, or administrative matters in any other provision of this Act, any other provision of law, or any Federal regulation. "(d) TERMINATION.—The Office of the Ombudsman shall cease to exist 4 years after the date of enactment of the Hazardous and Solid Waste Amendments of 1984.".

Establishment. 42 USC 6917.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/854

 98 STAT. 3226

PUBLIC LAW 98-616—NOV. 8, 1984

(b) The table of contents for such Act is amended by inserting the following new item after the item relating to section 2007: "Sec. 2008. Office of Ombudsman.".

TITLE II—PROVISIONS RELATING PRIMARILY TO SUBTITLE C OF THE SOLID WASTE DISPOSAL ACT Subtitle A—Amendments Primarily to Section 3004 LAND DISPOSAL OF HAZARDOUS WASTE SEC. 201. (a) LAND DISPOSAL OF CERTAIN HAZARDOUS WASTES.—

42 USC 6924. Prohibitions.

Post, pp. 3241, 3242.

Regulations.

Section 3004 of the Solid Waste Disposal Act is amended by inserting "(a) IN GENERAL.—" after "3004." and by adding the following at the end thereof: "(b) SALT DOME FORMATIONS, SALT BED FORMATIONS, UNDER-

GROUND MINES AND CAVES.—(1) Effective on the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, the placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine, or cave is prohibited until such time as— "(A) the Administrator has determined, after notice and opportunity for hearings on the record in the affected areas, that such placement is protective of human health and the environment; "(B) the Administrator has promulgated performance and permitting standards for such facilities under this subtitle, and; "(C) a permit has been issued under section 3005(c) for the facility concerned. "(2) Effective on the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the placement of any hazardous waste other than a hazardous waste referred to in paragraph (1) in a salt dome formation, salt bed formation, underground mine, or cave is prohibited until such time as a permit has been issued under section 3005(c) for the facility concerned. "(3) No determination made by the Administrator under subsection (d), (e), or (g) of this section regarding any hazardous waste to which such subsection (d), (e), or (g) applies shall affect the prohibition contained in paragraph (1) or (2) of this subsection. "(4) Nothing in this subsection shall apply to the Department of Energy Waste Isolation Pilot Project in New Mexico. "(c) LIQUIDS IN LANDFILLS.—(1) Effective 6 months after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, the placement of bulk or noncontainerized liquid hazardous waste or free liquids contained in hazardous waste (whether or not absorbents have been added) in any landfill is prohibited. Prior to such date the requirements (as in effect on April 30, 1983) promulgated under this section by the Administrator regarding liquid hazardous waste shall remain in force and effect to the extent such requirements are applicable to the placement of bulk or noncontainerized liquid hazardous waste, or free liquids contained in hazardous waste, in landfills. "(2) Not later than fifteen months after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall promulgate final regulations which—

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/855

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3227

"(A) minimize the disposal of containerized liquid hazardous waste in landfills, and "(B) minimize the presence of free liquids in containerized hazardous waste to be disposed of in landfills. Such regulations shall also prohibit the disposal in landfills of Prohibition. liquids that have been absorbed in materials that biodegrade or that release liquids when compressed as might occur during routine landfill operations. Prior to the date on which such final regulations take effect, the requirements (as in effect on April 30, 1983) promulgated under this section by the Administrator shall remain in force and effect to the extent such requirements are applicable to the disposal of containerized liquid hazardous waste, or free liquids contained in hazardous waste, in landfills. "(3) Effective twelve months after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, the placement of any liquid which is not a hazardous waste in a landfill for which a permit is required under section 3005(c) or which is operating Post, pp. 3241, pursuant to interim status granted under section 3005(e) is prohib- 3242. ited unless the owner or operator of such landfill demonstrates to the Administrator, or the Administrator determines, that— "(A) the only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined surface impoundment, whether or not permitted under section 3005(c) or operating pursuant to interim status under section 3005(e), which contains, or may reasonably be anticipated to contain, hazardous waste; and "(B) placement in such owner or operator's landfill will not present a risk of contamination of any underground source of drinking water. As used in subparagraph (B), the term 'underground source of drinking water' has the same meaning as provided in regulations under the Safe Drinking Water Act (title XIV of the Public Health 42 USC 201 note. Service Act). 42 USC 300f. "(4) No determination made by the Administrator under subsection (d), (e), or (g) of this section regarding any hazardous waste to which such subsection (d), (e), or (g) applies shall affect the prohibition contained in paragraph (1) of this subsection. "(d) PROHIBITIONS ON LAND DISPOSAL OF SPECIFIED WASTES.—(1)

Effective 32 months after the enactment of the Hazardous and Solid Waste Amendments of 1984 (except as provided in subsection (f) with respect to underground injection into deep injection wells), the land disposal of the hazardous wastes referred to in paragraph (2) is prohibited unless the Administrator determines the prohibition on one or more methods of land disposal of such waste is not required in order to protect human health and the environment for as long as the waste remains hazardous, taking into account— "(A) the long-term uncertainties associated with land disposal, "(B) the goal of managing hazardous waste in an appropriate manner in the first instance, and "(C) the persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous wastes and their hazardous constituents. For the purposes of this paragraph, a method of land disposal may not be determined to be protective of human health and the environment for a hazardous waste referred to in paragraph (2) (other than a hazardous waste which has complied with the pretreatment regu-

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/856

 98 STAT. 3228

42 USC 6921.

42 USC 9604, 9606. Prohibition.

PUBLIC LAW 98-616—NOV. 8, 1984

lations promulgated under subsection (m)), unless, upon application by an interested person, it has been demonstrated to the Administrator, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit or injection zone for as long as the wastes remain hazardous. "(2) Paragraph (1) applies to the following hazardous wastes listed or identified under section 3001: "(A) Liquid hazardous wastes, including free liquids associated with any solid or sludge, containing free cyanides at concentrations greater than or equal to 1,000 mg/1. "(B) Liquid hazardous wastes, including free liquids associated with any solid or sludge, containing the following metals (or elements) or compounds of these metals (or elements) at concentrations greater than or equal to those specified below: "(i) arsenic and/or compounds (as As) 500 mg/1; "(ii) cadmium and/or compounds (as Cd) 100 mg/1; "(iii) chromium (VI and/or compounds (as Cr VI)) 500 mg/1; "(iv) lead and/or compounds (as Pb) 500 mg/1; "(v) mercury and/or compounds (as Hg) 20 mg/1; "(vi) nickel and/or compounds (as Ni) 134 mg/1; "(vii) selenium and/or compounds (as Se) 100 mg/1; and "(viii) thallium and/or compounds (as Th) 130 mg/1. "(C) Liquid hazardous waste having a pH less than or equal to two (2.0). "(D) Liquid hazardous wastes containing polychlorinated biphenyls at concentrations greater than or equal to 50 ppm. "(E) Hazardous wastes containing halogenated organic compounds in total concentration greater than or equal to 1,000 mg/kg. When necessary to protect human health and the environment, the Administrator shall substitute more stringent concentration levels than the levels specified in subparagraphs (A) through (E). "(3) During the period ending forty-eight months after the date of the enactment of the Hazardous and Solid Wsiste Amendments of 1984, this subsection shall not apply to any disposal of contaminated soil or debris resulting from a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or a corrective action required under this subtitle. "(e) SOLVENTS AND DioxiNS.—(1) Effective twenty-four months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984 (except as provided in subsection (f) with respect to underground injection into deep injection wells), the land disposal of the hazardous wastes referred to in paragraph (2) is prohibited unless the Administrator determines the prohibition of one or more methods of land disposal of such waste is not required in order to protect human health and the environment for as long as the waste remains hazardous, taking into account the factors referred to in subparagraph (A) through (C) of subsection (d)(D. For the purposes of this paragraph, a method of land disposal may not be determined to be protective of human health and the environment for a hazardous waste referred to in paragraph (2) (other than a hazardous waste which has complied with the pretreatment regulations promulgated under subsection (m)), unless upon application by an interested person it has been demonstrated to the Administrator, to a reasonable degree of certainty, that there will be no

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/857

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3229

migration of hazardous constituents from the disposal unit or injection zone for as long as the wastes remain hazardous. "(2) The hazardous wastes to which the prohibition under paragraph (1) applies are as follows— "(A) dioxin-containing hazardous wastes numbered F20, F021, F022, and F023 (as referred to in the proposed rule published by the Administrator in the Federal Register for April 4, 1983), and "(B) those hazardous wastes numbered FOOl, F002, F003, F004, and F005 in regulations promulgated by the Administrator under section 3001 (40 C.F.R. 261.31 (July 1, 1983)), as those regulations are in effect on July 1, 1983. "(3) During the period ending forty-eight months after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, this subsection shall not apply to any disposal of contaminated soil or debris resulting from a response action taken under section 104 or 106 of the Comprehenisve Environmental Response, Compensation, and Liability Act of 1980 or a corrective action required under this subtitle.

42 USC 9604, 9606.

"(f) DISPOSAL INTO DEEP INJECTION WELLS; SPECIFIED SUBSECTION

(d) WASTES; SOLVENTS AND DIOXINS.—(1) Not later than forty-five months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall complete a review of the disposal of all hazardous wastes referred to in paragraph (2) of subsection (d) and in paragraph (2) of subsection (e) by underground injection into deep injection wells. "(2) Within forty-five months after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall make a determination regarding the disposal by underground injection into deep injection wells of the hazardous wastes referred to in paragraph (2) of subsection (d) and the hazardous wastes referred to in paragraph (2) of subsection (e). The Administrator shall promulgate final regulations prohibiting the disposal of such wastes into such wells if it may reasonably be determined that such disposal may not be protective of human health and the environment for as long as the waste remains hazardous, taking into account the factors referred to in subparagraphs (A) through (C) of subsection (d)(1). In promulgating such regulations, the Administrator shall consider each hazardous waste referred to in paragraph (2) of subsection (d) or in paragraph (2) of subsection (e) which is prohibited from disposal into such wells by any State. "(3) If the Administrator fails to make a determination under paragraph (2) for any hazardous waste referred to in paragraph (2) of subsection (d) or in paragraph (2) of subsection (e) within forty-five months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, such hazardous waste shall be prohibited from disposal into any deep injection well. "(4) As used in this subsection, the term 'deep injection well' means a well used for the underground injection of hazardous wgiste other than a well to which section 7010(a) applies. "(g) ADDITIONAL LAND DISPOSAL PROHIBITION DETERMINATIONS.—

(1) Not later than twenty-four months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall submit a schedule to Congress for— "(A) reviewing all hazardous wastes listed (as of the date of the enactment of the Hazardous and Solid Waste Amendments

Regulations. Prohibitions.

Prohibition.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/858

 98 STAT. 3230 42 USC 6921.

PUBLIC LAW 98-616—NOV. 8, 1984

of 1984) under section 3001 other than those wastes which are referred to in subsection (d) or (e); and "(B) taking action under paragraph (5) of this subsection with respect to each such hazardous waste. "(2) The Administrator shall base the schedule on a ranking of such listed wastes considering their intrinsic hazard and their volume such that decisions regarding the land disposal of high volume hazardous wastes with high intrinsic hazard shall, to the maximum extent possible, be made by the date forty-five months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984. Decisions regarding low volume hazardous wastes with lower intrinsic hazard shall be made by the date sixtysix months after such date of enactment. 44 USC 101 note. "(3) The preparation and submission of the schedule under this subsection shall not be subject to the Paperwork Reduction Act of 1980. No hearing on the record shall be required for purposes of preparation or submission of the schedule. The schedule shall not be subject to judicial review. "(4) The schedule under this subsection shall require that the Administrator shall promulgate regulations in accordance with paragraph (5) or make a determination under paragraph (5)— "(A) for at least one-third of all hazardous wastes referred to in paragraph (1) by the date forty-five months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984; "(B) for at least two-thirds of all such listed wastes by the date fifty-five months after the date of enactment of such Amendments; and "(C) for all such listed wastes and for all hazardous wastes identified under 3001 by the date sixty-six months after the date of enactment of such Amendments. In the case of any hazardous waste identified or listed under section 3001 after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall determine whether such waste shall be prohibited from one or more methods of land disposal in accordance with paragraph (5) within six months after the date of such identification or listing. Regulations. "(5) Not later than the date specified in the schedule published Prohibitions. under this subsection, the Administrator shall promulgate final regulations prohibiting one or more methods of land disposal of the hazardous wastes listed on such schedule except for methods of land disposal which the Administrator determines will be protective of human health and the environment for as long as the waste remains hazardous, taking into account the factors referred to in subparagraph (A) through (C) of subsection (d)(D. For the purposes of this paragraph, a method of land disposal may not be determined to be protective of human health and the environment (except with respect to a hazardous waste which has complied with the pretreatment regulations promulgated under subsection (m)) unless, upon application by an interested person, it has been demonstrated to the Administrator, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit or injection zone for as long as the wastes remain hazardous. "(6)(A) If the Administrator fails (by the date forty-five months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984) to promulgate regulations or make a determination under paragraph (5) for any hazardous waste which is

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/859

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3231

included in the first one-third of the schedule published under this subsection, such hazardous waste may be disposed of in a landfill or surface impoundment only if— "(i) such facility is in compliance with the requirements of subsection (o) which are applicable to new facilities (relating to minimum technological requirements); and "(ii) prior to such disposal, the generator has certified to the Administrator that such generator has investigated the availability of treatment capacity and has determined that the use of such landfill or surface impoundment is the only practical alternative to treatment currently available to the generator. The prohibition contained in this subparagraph shall continue to apply until the Administrator promulgates regulations or makes a determination under paragraph (5) for the waste concerned. "(B) If the Administrator fails (by the date 55 months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984) to promulgate regulations or make a determination under paragraph (5) for any hazardous waste which is included in the first two-thirds of the schedule published under this subsection, such hazardous waste may be disposed of in a landfill or surface impoundment only if— "(i) such facility is in compliance with the requirements of subsection (o) which are applicable to new facilities (relating to minimum technological requirements); and "(ii) prior to such disposal, the generator has certified to the Administrator that such generator has investigated the availability of treatment capacity and has determined that the use of such landfill or surface impoundment is the only practical alternative to treatment currently available to the generator. The prohibition contained in this subparagraph shall continue to apply until the Administrator promulgates regulations or makes a determination under paragraph (5) for the waste concerned. "(C) If the Administrator fails to promulgate regulations, or make a determination under paragraph (5) for any hazardous wsiste referred to in paragraph (1) within 66 months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, such hazardous waste shall be prohibited from land disposal. "(h) VARIANCES FROM LAND DISPOSAL PROHIBITIONS.—(1) A prohibition in regulations under subsection (d), (e), (f), or (g) shall be effective immediately upon promulgation. "(2) The Administrator may establish an effective date different from the effective date which would otherwise apply under subsection (d), (e), (f), or (g) with respect to a specific hazardous waste which is subject to a prohibition under subsection (d), (e), (f), or (g) or under regulations under subsection (d), (e), (f), or (g). Any such other effective date shall be established on the basis of the earliest date on which adequate alternative treatment, recovery, or disposal capacity which protects human health and the environment will be available. Any such other effective date shall in no event be later than 2 years after the effective date of the prohibition which would otherwise apply under subsection (d), (e), (f), or (g). "(3) The Administrator, after notice and opportunity for comment and after consultation with appropriate State agencies in all affected States, may on a case-by-case basis grant an extension of the effective date which would otherwise apply under subsection (d), (e), (p, or (g) or under paragraph (2) for up to one year, where the applicant demonstrates that there is a binding contractual commit-

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/860

 98 STAT. 3232

Federal Register, publication,

PUBLIC LAW 98-616—NOV. 8, 1984

ment to construct or otherwise provide such alternative capacity but due to circumstances beyond the control of such applicant such alternative capacity cannot reasonably be made available by such effective date. Such extension shall be renewable once for no more than one additional year. "(4) Whenever another effective date (hereinafter referred to as a 'variance') is established under paragraph (2), or an extension is granted under paragraph (3), with respect to any hazardous waste, during the period for which such variance or extension is in effect, such hazardous waste may be disposed of in a landfill or surface impoundment only if such facility is in compliance with the requirements of subsection (o). "(i) PUBLICATION OF DETERMINATION.—If the Administrator determines that a method of land disposal will be protective of human health and the environment, he shall promptly publish in the Federal Register notice of such determination, together with an explanation of the basis for such determination. "(j) STORAGE OF HAZARDOUS WASTE PROHIBITED FROM LAND DIS-

POSAL.—In the case of any hazardous waste which is prohibited from one or more methods of land disposal under this section (or under regulations promulgated by the Administrator under any provision of this section) the storage of such hazardous waste is prohibited unless such storage is solely for the purpose of the accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment or disposal. "(k) DEFINITION OF LAND DISPOSAL.—For the purposes of this section, the term 'land disposal', when used with respect to a specified hazardous waste, shall be deemed to include, but not be limited to, any placement of such hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave. "(1) BAN ON DUST SUPPRESSION.—The use of waste or used oil or other material, which is contaminated or mixed with dioxin or any other hazardous waste identified or listed under section 3001 (other than a waste identified solely on the basis of ignitability), for dust suppression or road treatment is prohibited. "(m) TREATMENT STANDARDS FOR WASTES SUBJECT TO LAND DISPOSAL PROHIBITION.—(1) Simultaneously with the promulgation of

regulations under subsection (d), (e), (f), or (g) prohibiting one or more methods of land disposal of a particular hazardous waste, and as appropriate thereafter, the Administrator shall, after notice and an opportunity for hearings and after consultation with appropriate Federal and State agencies, promulgate regulations specifying those levels or methods of treatment, if any, which substantially diminish the toxicity of the waste or substantially reduce the likelihood of migration of hazardous constituents from the waste so that shortterm and long-term threats to human health and the environment are minimized. "(2) If such hazardous waste has been treated to the level or by a method specified in regulations promulgated under this subsection, such waste or residue thereof shall not be subject to any prohibition promulgated under subsection (d), (e), (f), or (g) and may be disposed of in a land disposal facility which meets the requirements of this subtitle. Any regulation promulgated under this subsection for a particular hazardous waste shall become effective on the same date

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/861

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3233

as any applicable prohibition promulgated under subsection (d), (e), (f),or(g). "(n) AIR EMISSIONS.—Not later than thirty months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall promulgate such regulations for the monitoring and control of air emissions at hazardous waste treatment, storage, and disposal facilities, including but not limited to open tanks, surface impoundments, and landfills, as may be necessary to protect human health and the environment.".

Regulations.

MINIMUM TECHNOLOGICAL REQUIREMENTS

SEC. 202. (a) Section 3004 of the Solid Waste Disposal Act is Supra. amended by inserting the following new subsection after subsection 42 USC 6924. (n): "(o) MINIMUM TECHNOLOGICAL REQUIREMENTS.—(1) The

regula-

tions under subsection (a) of this section shall be revised from time to time to take into account improvements in the technology of control and measurement. At a minimum, such regulations shall require, and a permit issued pursuant to section 3005(c) after the date of enactment of the Hazardous and Solid Waste Amendments of 1984 by the Administrator or a State shall require— "(A) for each new landfill or surface impoundment, each new landfill or surface impoundment unit at an existing facility, each replacement of an existing landfill or surface impoundment unit, and each lateral expansion of an existing landfill or surface impoundment unit, for which an application for a final determination regarding issuance of a permit under section 3005(c) is received after the date of enactment of the Hazardous and Solid Waste Amendments of 1984— "(i) the installation of two or more liners and a leachate collection system above (in the case of a landfill) and between such liners; and "(ii) ground water monitoring; and "(B) for each incinerator which receives a permit under section 3005(c) after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the attainment of the minimum destruction and removal efficiency required by regulations in effect on June 24, 1982. The requirements of this paragraph shall apply with respect to all waste received after the issuance of the permit. "(2) Paragraph (l)(A)(i) shall not apply if the owner or operator demonstrates to the Administrator, and the Administrator finds for such landfill or surface impoundment, that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents into the ground water or surface water at least as effectively as such liners and leachate collection systems. "(3) The double-liner requirement set forth in paragraph dXAXi) may be waived by the Administrator for any monoflll, if— "(A) such monoflll contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, "(B) such wastes do not contain constituents which would render the wastes hazardous for reasons other than the Extraction Procedure ("EP") toxicity characteristics set forth in regulations under this subtitle, and

Post, pp. 3241, 3242.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/862

 98 STAT. 3234 Post, p. 3243.

42 USC 6921.

Regulations.

Alabama. 42 USC 6925.

PUBLIC LAW 98-616—NOV. 8, 1984

"(C) such monofill meets the same requirements as are applicable in the case of a waiver under section 3005(j)(2) or (4). "(4)(A) Not later than thirty months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall promulgate standards requiring that new landfill units, surface impoundment units, waste piles, underground tanks and land treatment units for the storage, treatment, or disposal of hazardous waste identified or listed under section 3001 shall be required to utilize approved leak detection systems. "(B) For the purposes of subparagraph (A)— "(i) the term 'approved leak detection system' means a system or technology which the Administrator determines to be capable of detecting leaks of hazardous constituents at the earliest practicable time; and "(ii) the term 'new units' means units on which construction commences after the date of promulgation of regulations under this paragraph. "(5)(A) The Administrator shall promulgate regulations or issue guidance documents implementing the requirements of paragraph (1)(A) within two years after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984. "(B) Until the effective date of such regulations or guidance documents, the requirement for the installation of two or more liners may be satisfied by the installation of a top liner designed, operated, and constructed of materials to prevent the migration of any constituent into such liner during the period such facility remains in operation (including any post-closure monitoring period), and a lower liner designed, operated and constructed to prevent the migration of any constituent through such liner during such period. For the purpose of the preceding sentence, a lower liner shall be deemed to satisfy such requirement if it is constructed of at least a 3-foot thick layer of recompacted clay or other natural material with a permeability of no more than 1 x 1 0 " ' centimeter per second. "(6) Any permit under section 3005 which is issued for a landfill located within the State of Alabama shall require the installation of two or more liners and a leachate collection system above and between such liners, notwithstanding any other provision of this Act. "(7) In addition to the requirements set forth in this subsection, the regulations referred to in paragraph (1) shall specify criteria for the acceptable location of new and existing treatment, storage, or disposal facilities as necessary to protect human health and the environment. Within 18 months after the enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall publish guidance criteria identifying areas of vulnerable hydrogeology.". GROUND WATER MONITORING

Ante, p. 3233. 42 USC 6924.

SEC. 203. Section 3004 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (o) thereof: "(p) GROUND WATER MONITORING.—The standards under this section concerning ground water monitoring which are applicable to surface impoundments, waste piles, land treatment units, and landfills shall apply to such a facility whether or not— "(1) the facility is located above the seasonal high water table;

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/863

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3235

"(2) two liners and a leachate collection system have been installed at the facility; or "(3) the owner or operator inspects the liner (or liners) which has been installed at the facility. This subsection shall not be construed to affect other exemptions or waivers from such standards provided in regulations in effect on the date of enactment of the Hazardous and Solid Waste Amendments of 1984 or as may be provided in revisions to those regulations, to the extent consistent with this subsection. The Administrator is authorized on a case-by-case basis to exempt from ground water monitoring requirements under this section (including subsection (o)) any engineered structure which the Administrator finds does not receive or contain liquid waste (nor waste containing free liquids), is designed and operated to exclude liquid from precipitation or other runoff, utilizes multiple leak detection systems within the outer layer of containment, and provides for continuing operation and maintenance of these leak detection systems during the operating period, closure, and the period required for post-closure monitoring and for which the Administrator concludes on the basis of such findings that there is a reasonable certainty hazardous constituents will not migrate beyond the outer layer of containment prior to the end of the period required for post-closure monitoring.". BURNING AND BLENDING OF HAZARDOUS WASTES

SEC. 204. (a)(1) Section 3010 of the Solid Waste Disposal Act is amended by inserting the following after the first sentence thereof: "Not later than fifteen months after the date of enactment of the Hazardous and Solid Weiste Amendments of 1984— "(1) the owner or operator of any facility which produces a fuel (A) from any hazardous waste identified or listed under section 3001, (B) from such hazardous waste identified or listed under section 3001 and any other material, (C) from used oil, or (D) from used oil and any other material; "(2) the owner or operator of any facility (other than a single- or two-family residence) which burns for purposes of energy recovery any fuel produced as provided in paragraph (1) or any fuel which otherwise contains used oil or any hazardous waste identified or listed under section 3001; and "(3) any person who distributes or markets any fuel which is produced as provided in paragraph (1) or any fuel which otherwise contains used oil or any hazardous waste identified or listed under section 3001 shall file with the Administrator (and with the State in the case of a State with an authorized hazardous waste program) a notification stating the location and general description of the facility, together with a description of the identified or listed hazardous waste involved and, in the case of a facility referred to in paragraph (1) or (2), a description of the production or energy recovery activity carried out at the facility and such other information as the Administrator deems necessary. For purposes of the preceding sentence, the term 'hazardous waste listed under section 3001' also includes any commercial chemical product which is listed under section 3001 and which, in lieu of its original intended use, is (i) produced for use as (or as a component of) a fuel, (ii) distributed for use as a fuel, or (iii) burned as a fuel. Notification shall not be required under the second sentence of this subsection in the case of facilities (such as residen-

42 USC 6930. Petroleum and JJf^^'" ^°^'

42 USC 6921.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/864

 98 STAT. 3236

42 USC 6921. Post, p. 3258. 42 USC 6930. Ante, p. 3234. 42 USC 6924. Regulations.

Petroleum and petroleum products.

PUBLIC LAW 98-616—NOV. 8, 1984

tial boilers) where the Administrator determines that such notification is not necessary in order for the Administrator to obtain sufficient information respecting current practices of facilities using hazardous waste for energy recovery. Nothing in this subsection shall be construed to affect or impair the provisions of section 3001(b)(3). Nothing in this subsection shall affect regulatory determinations under section 3014.". (2) Section 3010 of such Act is amended by striking out "the preceding sentence" each place it occurs and substituting "the preceding provisions". (b)(1) Section 3004 of the Solid Waste Disposal Act is amended by adding the following new subsections after subsection (p): "(q) HAZARDOUS WASTE USED AS FUEL.—(1) Not later than two years after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, and after notice and opportunity for public hearing, the Administrator shall promulgate regulations establishing such— "(A) standards applicable to the owners and operators of facilities which produce a fuel— "(i) from any hazardous waste identified or listed under section 3001, or "(ii) from any hazardous waste identified or listed under section 3001 and any other material; "(B) standards applicable to the owners and operators of facilities which burn, for purposes of energy recovery, any fuel produced as provided in subparagraph (A) or any fuel which otherwise contains any hazardous waste identified or listed under section 3001; and "(C) standards applicable to any person who distributes or markets any fuel which is produced as provided in subparagraph (A) or any fuel which otherwise contains any hazardous waste identified or listed under section 3001 as may be necessary to protect human health and the environment. Such standards may include any of the requirements set forth in paragraphs (1) through (7) of subsection (a) as may be appropriate. Nothing in this subsection shall be construed to affect or impair the provisions of section 3001(b)(3). For purposes of this subsection, the term 'hazardous waste listed under section 3001' includes any commercial chemical product which is listed under section 3001 and which, in lieu of its original intended use, is (i) produced for use as (or as a component of) a fuel, (ii) distributed for use as a fuel, or (iii) burned as a fuel. "(2)(A) This subsection, subsection (r), and subsection (s) shall not apply to petroleum refinery wastes containing oil which are converted into petroleum coke at the same facility at which such wastes were generated, unless the resulting coke product would exceed one or more characteristics by which a substance would be identified as a hazardous waste under section 3001. "(B) The Administrator may exempt from the requirements of this subsection, subsection (r), or subsection (s) facilities which burn de minimis quantities of hazardous waste as fuel, as defined by the Administrator, if the wastes are burned at the same facility at which such wastes are generated; the waste is burned to recover useful energy, as determined by the Administrator on the basis of the design and operating characteristics of the facility and the heating value and other characteristics of the waste; and the waste is burned in a type of device determined by the Administrator to be

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/865

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3237

designed and operated at a destruction and removal efficiency sufficient such that protection of human health and environment is assured. "(C)(i) After the date of the enactment of the Hazardous and Solid Waste Amendments of 1984 and until standards are promulgated and in effect under paragraph (2) of this subsection, no fuel which contains any hazardous waste may be burned in any cement kiln which is located within the boundaries of any incorporated municipality with a population greater than five hundred thousand (based on the most recent census statistics) unless such kiln fully complies with regulations (as in effect on the date of the enactment of the Hazardous and Solid Waste Amendments of 1984) under this subtitle which are applicable to incinerators. "(ii) Any person who knowingly violates the prohibition contained in clause (i) shall be deemed to have violated section 3008(d)(2). "(r) LABEUNG.—(1) Notwithstanding any other provision of law, until such time as the Administrator promulgates standards under subsection (q) specifically superceding this requirement, it shall be unlawful for any person who is required to file a notification in accordance with paragraph (1) or (3) of section 3010 to distribute or market any fuel which is produced from any hazardous waste identified or listed under section 3001, or any fuel which otherwise contains any hazardous waste identified or listed under section 3001 if the invoice or the bill of sale fails— "(A) to bear the following statement: 'WARNING: THIS FUEL CONTAINS HAZARDOUS WASTES', and "(B) to list the hazardous wastes contained therein. Beginning ninety days after the enactment of the Hazardous and Solid Waste Amendments of 1984, such statement shall be located in a conspicuous place on every such invoice or bill of sale and shall appear in conspicuous and legible type in contrast by typography, layouts, or color with other printed matter on the invoice or bill of sale. "(2) Unless the Administrator determines otherwise as may be necessary to protect human health and the environment, this subsection shall not apply to fuels produced from petroleum refining waste containing oil if— "(A) such materials are generated and reinserted onsite into the refining process; "(B) contaminants are removed; and "(C) such refining waste containing oil is converted along with normal process streams into pertroleum-derived fuel products at a facility at which crude oil is refined into petroleum prod ucts and which is classified as a number SIC 2911 facility under the Office of Management and Budget Standard Industrial Classification Manual. "(3) Unless the Administrator determines otherwise as may be necessary to protect human health and the environment, this subsection shall not apply to fuels produced from oily materials, resulting from normal petroleum refining, production and transportation practices, if (A) contaminants are removed; and (B) such oily materials are converted along with normal process streams into petroleumderived fuel products at a facility at which crude oil is refined into petroleum products and which is classified as a number SIC 2911 facility under the Office of Management and Budget Standard Classification Manual.

31 1 9 4

0 - 8 6

28

QL.3

Parts

Prohibition.

Post, p. 3256.

Ante, p. 3235. 42 USC 6921.

Petroleum and petroleum products.

Petroleum and petroleum products.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/866

 98 STAT. 3238

42 USC 6923.

42 USC 6921.

PUBLIC LAW 98-616—NOV. 8, 1984

"(s) RECORDKEEPING.—Not later than fifteen months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall promulgate regulations requiring that any person who is required to file a notification in accordance with subparagraph (1), (2), or (3), of section 3010(a) shall maintain such records regarding fuel blending, distribution, or use as may be necessary to protect human health and the environment.". (2) Section 3003 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (b): "(c) FUEL FROM HAZARDOUS WASTE.—Not later than two years after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, and after opportunity for public hearing, the Administrator shall promulgate regulations establishing standards, applicable to transporters of fuel produced (1) from any hazardous waste identified or listed under section 3001, or (2) from any hazardous waste identified or listed under section 3001 and any other material, as may be necessary to protect human health and the environment. Such standards may include any of the requirements set forth in paragraphs (1) through (4) of subsection (a) as may be appropriate.'. DIRECT ACTION

Supra. 42 USC 6924.

eiaims.

SEC. 205. Section 3004 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (s) thereof: "(t) FINANCIAL RESPONSIBILITY PROVISIONS.—(1) Financial responsibility required by subsection (a) of this section may be established in accordance with regulations promulgated by the Administrator by any one, or any combination, of the following: insurance, guarantee, surety bond, letter of credit, or qualification as a self-insurer. In promulgating requirements under this section, the Administrator is authorized to specify policy or other contractual terms, conditions, or defenses which are necessary or are unacceptable in establishing such evidence of financial responsibility in order to effectuate the purposes of this Act. "(2) In any case where the owner or operator is in bankruptcy, reorganization, or arrangement pursuant to the Federal Bankruptcy Code or where (with reasonable diligence) jurisdiction in any State court or any Federal Court cannot be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial responsibility must be provided under this section may be asserted directly against the guarantor providing such evidence of financial responsibility. In the case of any action pursuant to this subsection, such guarantor shall be entitled to invoke all rights and defenses which would have been available to the owner or operator if any action had been brought against the owner or operator by the claimant and which would have been available to the guarantor if an action had been brought against the guarantor by the owner or operator. "(3) The total liability of any guarantor shall be limited to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator under this Act. Nothing in this subsection shall be construed to limit any other State or Federal statutory, contractual or common law liability of a guarantor to its owner or operator including, but not limited to, the liability of such guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/867

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3239

subsection shall be construed to diminish the liability of any person under section 107 or 111 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 or other applicable law. "(4) For the purpose of this subsection, the term 'guarantor' means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under this section.".

42 USC 9607, 9611.

CONTINUING RELEASES AT PERMITTED FACILITIES

SEC. 206. Section 3004 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (t) thereof:

Ante, p. 3238. 42 USC 6924.

"(u) CONTINUING RELEASES AT PERMITTED FACILITIES.—Standards

promulgated under this section shall require, and a permit issued after the date of enactment of the Hazardous and Solid Waste Amendments of 1984 by the Administrator or a State shall require, corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a treatment, storage, or disposal facility seeking a permit under this subtitle, regardless of the time at which waste was placed in such unit. Permits issued under section 3005 shall contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing such corrective action.".

Post, pp. 3241, ^^42.

CORRECTIVE ACTION BEYOND FACILITY BOUNDARIES; UNDERGROUND TANKS

SEC. 207. Section 3004 is amended by adding the following after subsection (u): "(v)

CORRECTIVE

ACTIONS

BEYOND

FACILITY

Supra.

BOUNDARY.—As

promptly as practicable after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall amend the standards under this section regarding corrective action required at facilities for the treatment, storage, or disposal, of hazardous waste listed or identified under section 3001 to require that corrective action be taken beyond the facility boundary where necessary to protect human health and the environment unless the owner or operator of the facility concerned demonstrates to the satisfaction of the Administrator that, despite the owner or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. Such regulations shall take effect immediately upon promulgation, notwithstanding section 3010(b), and shall apply to— "(1) all facilities operating under permits issued under subsection (c), and "(2) all landfills, surface impoundments, and waste pile units (including any new units, replacements of existing units, or lateral expansions of existing units) which receive hazardous waste after July 26, 1982. Pending promulgation of such regulations, the Administrator shall issue corrective action orders for facilities referred to in paragraphs (1) and (2), on a case-by-case basis, consistent with the purposes of this subsection. "(w) UNDERGROUND TANKS.—Not later than March 1, 1985, the Administrator shall promulgate final permitting standards under

42 USC 6921.

Post, p. 3258.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/868

 98 STAT. 3240

PUBLIC LAW 98-616—NOV. 8, 1984

this section for underground tanks that cannot be entered for inspection. Within forty-eight months after the date of the enactment of the Hsizardous and SoHd Waste Amendments of 1984, such standards shall be modified, if necessary, to cover at a minimum all requirements and standards described in section 9003.". FINANCIAL RESPONSIBILITY FOR CORRECTIVE ACTION

Ante, p. 3226.

SEC. 208. Section 3004(a) of the Solid Waste Disposal Act (as redesignated by section 201 of this Act) is amended by inserting "(including financial responsibility for corrective action)" immediately after "and financial responsibility" in paragraph (6). MINING WASTE AND OTHER SPECIAL WASTES

Ante, p. 3239. 42 USC 6924.

Post, p. 3243.

SEC. 209. Section 3004 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (w): "(x) If (1) solid waste from the extraction, beneficiation or processing of ores and minerals, including phosphate rock and overburden from the mining of uranium, (2) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, or (3) cement kiln dust waste, is subject to regulation under this subtitle, the Administrator is authorized to modify the requirements of subsections (c). (d), (e), (f), (g), (o), and (u) and section 3005(j), in the case of landfills or surface impoundments receiving such solid waste, to take into account the special characteristics of such wastes, the practical difficulties associated with implementation of such requirements, and site-specific characteristics, including but not limited to the climate, geology, hydrology and soil chemistry at the site, so long as such modified requirements assure protection of human health and the environment.', Subtitle B—Amendments Primarily to Section 3005 AUTHORITY FOR PERMIT TO CONSTRUCT HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES

42 USC 6925.

15 USC 2605.

SEC. 211. Section 3005(a) of the Solid Waste Disposal Act is amended by— (1) striking "a" immediately after "owning or operating" in the first sentence and inserting in lieu thereof "an existing facility or planning to construct a new"; (2) inserting in the second sentence "and the construction of any new facility for the treatment, storage, or disposal of any such hazardous waste" immediately after "any such hazardous waste"; and (3) adding the following at the end thereof: "No permit shall be required under this section in order to construct a facility if such facility is constructed pursuant to an approval issued by the Administrator under section 6(e) of the Toxic Substances Control Act for the incineration of polycholorinated biphenyls and any person owning or operating such a facility may, at any time after operation or construction of such facility has begun, file an application for a permit pursuant to this section authorizing such facility to incinerate hazardous waste identified or listed under this subtitle.".

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/869

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3241

PERMIT LIFE

SEC. 212. Section 3005(c) of the Solid Waste Disposal Act is amended by adding the following new paragraph after paragraph (2): "(3) Any permit under this section shall be for a fixed term, not to exceed 10 years in the case of any land disposal facility, storage facility, or incinerator or other treatment facility. Each permit for a land disposal facility shall be reviewed five years after date of issuance or reissuance and shall be modified as necessary to assure that the facility continues to comply with the currently applicable requirements of this section and section 3004. Nothing in this subsection shall preclude the Administrator from reviewing and modifying a permit at any time during its term. Review of any application for a permit renewal shall consider improvements in the state of control and measurement technology as well as changes in applicable regulations. Each permit issued under this section shall contain such terms and conditions as the Administrator (or the State) determines necessary to protect human health and the environment.".

Post, p. 3242.

42 USC 6924.

INTERIM STATUS

SEC. 213. (a) Section 3005(e) of the Solid Waste Disposal Act is amended by— (1) inserting "(1)" after "Interim Status.—", (2) redesignating existing paragraphs (1) through (3) as subparagraphs (A) through (C), (3) adding the following at the end thereof: "This paragraph shall not apply to any facility which has been previously denied a permit under this section or if authority to operate the facility under this section has been previously terminated. "(2) In the case of each land disposal facility which has been granted interim status under this subsection before the date of enactment of the Hazardous and Solid Waste Amendments of 1984, interim status shall terminate on the date twelve months after the date of the enactment of such Amendments unless the owner or operator of such facility— "(A) applies for a final determination regarding the issuance of a permit under subsection (c) for such facility before the date twelve months after the date of the enactment of such Amendments; and "(B) certifies that such facility is in compliance with all applicable groundwater monitoring and financial responsibility requirements. "(3) In the case of each land disposal facility which is in existence on the effective date of statutory or regulatory changes under this Act that render the facility subject to the requirement to have a permit under this section and which is granted interim status under this subsection, interim status shall terminate on the date twelve months after the date on which the facility first becomes subject to such permit requirement unless the owner or operator of such facility— "(A) applies for a final determination regarding the issuance of a permit under subsection (c) for such facility before the date

42 USC 6925.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/870

 98 STAT. 3242

42 USC 6929.

42 USC 6925.

42 USC 6927.

PUBLIC LAW 98-616—NOV. 8, 1984

twelve months after the date on which the facility first becomes subject to such permit requirement; and "(B) certifies that such facility is in compliance with all applicable groundwater monitoring and financial responsibility requirements."; and (4) amending subparagraph (A) (as redesignated by paragraph (1) of this subsection) to read as follows: "(A) owns or operates a facility required to have a permit under this section which facility— "(i) was in existence on November 19, 1980, or "(ii) is in existence on the effective date of statutory or regulatory changes under this Act that render the facility subject to the requirement to have a permit under this section,". (b) Section 3009 of the Solid Waste Disposal Act is amended by adding the following at the end thereof: "Nothing in this title (or in any regulation adopted under this title) shall be construed to prohibit any State from requiring that the State be provided with a copy of each manifest used in connection with hazardous waste which is generated within that State or transported to a treatment, storage, or disposal facility within that State." (c) Section 3005(c) of the Solid Waste Disposal Act is amended by inserting "(1)" after "PERMIT ISSUANCE.—" and by adding the following new paragraph at the end thereof: "(2)(A)(i) Not later than the date four years after the enactment of the Hazardous and Solid Waste Amendments of 1984, in the case of each application under this subsection for a permit for a land disposal facility which was submitted before such date, the Administrator shall issue a final permit pursuant to such application or issue a final denial of such application. "(ii) Not later than the date five years after the enactment of the Hazardous and Solid Waste Amendments of 1984, in the case of each application for a permit under this subsection for an incinerator facility which was submitted before such date, the Administrator shall issue a final permit pursuant to such application or issue a final denial of such application. "(B) Not later than the date eight years after the enactment of the Hazardous and Solid Waste Amendments of 1984, in the case of each application for a permit under this subsection for any facility (other than a facility referred to in subparagraph (A)) which was submitted before such date, the Administrator shall issue a final permit pursuant to such application or issue a final denial of such application. "(C) The time periods specified in this paragraph shall also apply in the case of any State which is administering an authorized hazardous waste program under section 3006. Interim status under subsection (e) shall terminate for each facility referred to in subparagraph (A)(ii) or (B) on the expiration of the five- or eight-year period referred to in subparagraph (A) or (B), whichever is applicable, unless the owner or operator of the facility applies for a final determination regarding the issuance of a permit under this subsection within— "(i) two years after the date of the enactment of the Hazardous and Solid Waste Amendments of 1984 (in the case of a facility referred to in subparagraph (A)(ii)), or "(ii) four years after such date of enactment (in the case of a facility referred to in subparagraph (B)).".

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/871

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3243

NEW AND INNOVATIVE TREATMENT TECHNOLOGIES

SEC. 214. (a) Section 3005 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (f):

42 USC 6925.

"(g) RESEARCH, DEVELOPMENT, AND DEMONSTRATION PERMITS.—(1)

The Administrator may issue a research, development, and demonstration permit for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for such experimental activity have not been promulgated under this subtitle. Any such permit shall include such terms and conditions as will assure protection of human health and the environment. Such permits— "(A) shall provide for the construction of such facilities, as necessary, and for operation of the facility for not longer than one year (unless renewed as provided in paragraph (4)), and "(B) shall provide for the receipt and treatment by the facility of only those types and quantities of hsizardous waste which the Administrator deems necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of such technology or process on human health and the environment, and "(C) shall include such requirements as the Administrator deems necessary to protect human health and the environment (including, but not limited to, requirements regarding monitoring, operation, insurance or bonding, financial reponsibility, closure, and remedial action), and such requirements as the Administrator deems necessary regarding testing and providing of information to the Administrator with respect to the operation of the facility. The Administrator may apply the criteria set forth in this paragraph in establishing the conditions of each permit without separate establishment of regulations implementing such criteria. "(2) For the purpose of expediting review and issuance of permits under this subsection, the Administrator may, consistent with the protection of human health and the environment, modify or waive permit application and permit issuance requirements established in the Administrator's general permit regulations except that there may be no modification or waiver of regulations regarding financial responsibility (including insurance) or of procedures established under section 7004(b)(2) regarding public participation. "(3) The Administrator may order an immediate termination of all operations at the facility at any time he determines that termination is necessary to protect human health and the environment. "(4) Any permit issued under this subsection may be renewed not more than three times. Each such renewal shall be for a period of not more than 1 year.".

42 USC 6974.

EXISTING SURFACE IMPOUNDMENTS

SEC. 215. Section 3005 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (i): "(j) INTERIM STATUS SURFACE IMPOUNDMENTS.—(1) Except as provided in paragraph (2), (3), or (4), each surface impoundment in existence on the date of enactment of the Hazardous and Solid Waste Amendments of 1984 and qualifying for the authorization to operate under subsection (e) of this section shall not receive, store.

Post, p. 3261.

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/872

 98 STAT. 3244

Ante, p. 3233.

33 USC 1342.

33 USC 1311. 33 USC 1314.

Ante, p. 3233.

PUBLIC LAW 98-616—NOV. 8, 1984

or treat hazardous waste after the date four years after such date of enactment unless such surface impoundment is in compliance with the requirements of section 3004(o)(l)(A) which would apply to such impoundment if it were new. "(2) Paragraph (1) of this subsection shall not apply to any surface impoundment which (A) has at least one liner, for which there is no evidence that such liner is leaking; (B) is located more than onequarter mile from an underground source of drinking water; and (C) is in compliance with generally applicable ground water monitoring requirements for facilities with permits under subsection (c) of this section. "(3) Paragraph (1) of this subsection shall not apply to any surface impoundment which (A) contains treated waste water during the secondary or subsequent phases of an aggressive biological treatment facility subject to a permit issued under section 402 of the Clean Water Act (or which holds such treated waste water after treatment and prior to discharge); (B) is in compliance with generally applicable ground water monitoring requirements for facilities with permits under subsection (c) of this section; and (C)(i) is part of a facility in compligmce with section 301(b)(2) of the Clean Water Act, or (ii) in the case of a facility for which no effluent guidelines required under section 304(b)(2) of the Clean Water Act are in effect and no permit under section 402(a)(l) of such Act implementing section 301(b)(2) of such Act has been issued, is part of a facility in compliance with a permit under section 402 of such Act, which is achieving significant degradation of toxic pollutants and hazardous constituents contained in the untreated waste stream and which has identified those toxic pollutants and hazardous constituents in the untreated waste stream to the appropriate permitting authority. "(4) The Administrator (or the State, in the case of a State with an authorized program), after notice and opportunity for comment, may modify the requirements of paragraph (1) for any surface impoundment if the owner or operator demonstrates that such surface impoundment is located, designed and operated so as to assure that there will be no migration of any hazardous constitutent into ground water or surface water at any future time. The Administrator or the State shall take into account locational criteria established under section 3004(o)(7). "(5) The owner or operator of any surface impoundment potentially subject to paragraph (1) who has reason to believe that on the basis of paragraph (2), (3), or (4) such surface impoundment is not required to comply with the requirements of paragraph (1), shall apply to the Administrator (or the State, in the Case of a State with an authorized program) not later than twenty-four months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984 for a determination of the applicability of paragraph (1) (in the case of paragraph (2) or (3)) or for a modification of the requirements of paragraph (1) (in the case of paragraph (4)), with respect to such surface impoundment. Such owner or operator shall provide, with such application, evidence pertinent to such decision, including: "(A) an application for a final determination regarding the issuance of a permit under subsection (c) of this section for such facility, if not previously submitted;

�


text:
Page:United States Statutes at Large Volume 98 Part 3.djvu/873

 PUBLIC LAW 98-616—NOV. 8, 1984

98 STAT. 3245

"(B) evidence as to compliance with all applicable ground water monitoring requirements and the information and analysis from such monitoring; "(C) all reasonably ascertainable evidence as to whether such surface impoundment is leaking; and "(D) in the case of applications under paragraph (2) or (3), a certification by a registered professional engineer with academic training and experience in ground water hydrology that— "(i) under paragraph (2), the liner of such surface impoundment is designed, constructed, and operated in accordance with applicable requirements, such surface impoundment is more than one-quarter mile from an underground source of drinking water and there is no evidence such liner is leaking; or "(ii) under paragraph (3), based on analysis of those toxic pollutants and hazardous constituents that are likely to be present in the untreated waste stream, such impoundment satisfies the conditions of paragraph (3). In the case of any surface impoundment for which the owner or operator fails to apply under this paragraph within the time provided by this paragraph or paragraph (6), such surface impoundment shall comply with paragraph (1) notwithstanding paragraph (2), (3), or (4). Within twelve months after receipt of such application and evidence and not later than thirty-six months after such date of enactment, and after notice and opportunity to comment, the Administrator (or, if appropriate, the State) shall advise such owner or operator on the applicability of paragraph (1) to such surface impoundment or as to whether and how the requirements} of paragraph (1) shall be modified and applied to such surface impoundment. "(6)(A) In any case in which a surface impoundment becomes subject to paragraph (1) after the date of enactment of the Hazardous and Solid Waste Amendments of 1984 due to the promulgation of additional listings or characteristics for the identification of hazardous waste under section 3001, the period for compliance in 42 USC 6921. paragraph (1) shall be four years after the date of such promulgation, the period for demonstrations under paragraph (4) and for submission of evidence under paragraph (5) shall be not later than twenty-four months after the date of such promulgation, and the period for the Administrator (or if appropriate, the State) to advise such owners or operators under paragraph (5) shall be not later than thirty-six months after the date of promulgation. "(B) In any case in which a surface impoundment is initially determined to be excluded from the requirements of paragraph (1) but due to a change in condition (including the existence of a leak) no longer satisfies the provisions of paragraph (2), (3), or (4) and therefore becomes subject to paragraph (1), the period for compliance in paragraph (1) shall be two years after the date of discovery of such change of condition, or in the case of a surface impoundment excluded under paragraph (3) three years after such date of discovery. "(7)(A) The Administrator shall study and report to the Cong:ress Study. on the number, range of size, construction, likelihood of hazardous Report. constituents migrating into ground water, and potential threat to human health and the environment of existing surface impoundments excluded by paragraph (3) from the requirements of para-

�