
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-110 Section 1076(aa)]
[CITE: 42USC6921]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
               SUBCHAPTER III--HAZARDOUS WASTE MANAGEMENT
 
Sec. 6921. Identification and listing of hazardous waste


(a) Criteria for identification or listing

    Not later than eighteen months after October 21, 1976, the 
Administrator shall, after notice and opportunity for public hearing, 
and after consultation with appropriate Federal and State agencies, 
develop and promulgate criteria for identifying the characteristics of 
hazardous waste, and for listing hazardous waste, which should be 
subject to the provisions of this subchapter, taking into account 
toxicity, persistence, and degradability in nature, potential for 
accumulation in tissue, and other related factors such as flammability, 
corrosiveness, and other hazardous characteristics. Such criteria shall 
be revised from time to time as may be appropriate.

(b) Identification and listing

    (1) Not later than eighteen months after October 21, 1976, and after 
notice and opportunity for public hearing, the Administrator shall 
promulgate regulations identifying the characteristics of hazardous 
waste, and listing particular hazardous wastes (within the meaning of 
section 6903(5) of this title), which shall be subject to the provisions 
of this subchapter. Such regulations shall be based on the criteria 
promulgated under subsection (a) of this section and shall be revised 
from time to time thereafter as may be appropriate. The Administrator, 
in cooperation with the Agency for Toxic Substances and Disease Registry 
and the National Toxicology Program, shall also identify or list those 
hazardous wastes which shall be subject to the provisions of this 
subchapter solely because of the presence in such wastes of certain 
constituents (such as identified carcinogens, mutagens, or teratagens) 
\1\ at levels in excess of levels which endanger human health.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``teratogens)''.
---------------------------------------------------------------------------
    (2)(A) Notwithstanding the provisions of paragraph (1) of this 
subsection, drilling fluids, produced waters, and other wastes 
associated with the exploration, development, or production of crude oil 
or natural gas or geothermal energy shall be subject only to existing 
State or Federal regulatory programs in lieu of this subchapter until at 
least 24 months after October 21, 1980, and after promulgation of the 
regulations in accordance with subparagraphs (B) and (C) of this 
paragraph. It is the sense of the Congress that such State or Federal 
programs should include, for waste disposal sites which are to be 
closed, provisions requiring at least the following:
        (i) The identification through surveying, platting, or other 
    measures, together with recordation of such information on the 
    public record, so as to assure that the location where such wastes 
    are disposed of can be located in the future; except however, that 
    no such surveying, platting, or other measure identifying the 
    location of a disposal site for drilling fluids and associated 
    wastes shall be required if the distance from the disposal site to 
    the surveyed or platted location to the associated well is less than 
    two hundred lineal feet; and
        (ii) A chemical and physical analysis of a produced water and a 
    composition of a drilling fluid suspected to contain a hazardous 
    material, with such information to be acquired prior to closure and 
    to be placed on the public record.

    (B) Not later than six months after completion and submission of the 
study required by section 6982(m) of this title, the Administrator 
shall, after public hearings and opportunity for comment, determine 
either to promulgate regulations under this subchapter for drilling 
fluids, produced waters, and other wastes associated with the 
exploration, development, or production of crude oil or natural gas or 
geothermal energy or that such regulations are unwarranted. The 
Administrator shall publish his decision in the Federal Register 
accompanied by an explanation and justification of the reasons for it. 
In making the decision under this paragraph, the Administrator shall 
utilize the information developed or accumulated pursuant to the study 
required under section 6982(m) of this title.
    (C) The Administrator shall transmit his decision, along with any 
regulations, if necessary, to both Houses of Congress. Such regulations 
shall take effect only when authorized by Act of Congress.
    (3)(A) Notwithstanding the provisions of paragraph (1) of this 
subsection, each waste listed below shall, except as provided in 
subparagraph (B) of this paragraph, be subject only to regulation under 
other applicable provisions of Federal or State law in lieu of this 
subchapter until at least six months after the date of submission of the 
applicable study required to be conducted under subsection (f), (n), 
(o), or (p) of section 6982 of this title and after promulgation of 
regulations in accordance with subparagraph (C) of this paragraph:
        (i) 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.
        (ii) Solid waste from the extraction, beneficiation, and 
    processing of ores and minerals, including phosphate rock and 
    overburden from the mining of uranium ore.
        (iii) Cement kiln dust waste.

    (B)(i) Owners and operators of disposal sites for wastes listed in 
subparagraph (A) may be required by the Administrator, through 
regulations prescribed under authority of section 6912 of this title--
        (I) as to disposal sites for such wastes which are to be closed, 
    to identify the locations of such sites through surveying, platting, 
    or other measures, together with recordation of such information on 
    the public record, to assure that the locations where such wastes 
    are disposed of are known and can be located in the future, and
        (II) to provide chemical and physical analysis and composition 
    of such wastes, based on available information, to be placed on the 
    public record.

    (ii)(I) In conducting any study under subsection (f), (n), (o), or 
(p), of section 6982 of this title, any officer, employee, or authorized 
representative of the Environmental Protection Agency, duly designated 
by the Administrator, is authorized, at reasonable times and as 
reasonably necessary for the purposes of such study, to enter any 
establishment where any waste subject to such study is generated, 
stored, treated, disposed of, or transported from; to inspect, take 
samples, and conduct monitoring and testing; and to have access to and 
copy records relating to such waste. Each such inspection shall be 
commenced and completed with reasonable promptness. If the officer, 
employee, or authorized representative obtains any samples prior to 
leaving the premises, he shall give to the owner, operator, or agent in 
charge a receipt describing the sample obtained and if requested a 
portion of each such sample equal in volume or weight to the portion 
retained. If any analysis is made of such samples, or monitoring and 
testing performed, a copy of the results shall be furnished promptly to 
the owner, operator, or agent in charge.
    (II) Any records, reports, or information obtained from any person 
under subclause (I) shall be available to the public, except that upon a 
showing satisfactory to the Administrator by any person that records, 
reports, or information, or particular part thereof, to which the 
Administrator has access under this subparagraph is made public, would 
divulge information entitled to protection under section 1905 of title 
18, the Administrator shall consider such information or particular 
portion thereof confidential in accordance with the purposes of that 
section, except that such record, report, document, or information may 
be disclosed to other officers, employees, or authorized representatives 
of the United States concerned with carrying out this chapter. Any 
person not subject to the provisions of section 1905 of title 18 who 
knowingly and willfully divulges or discloses any information entitled 
to protection under this subparagraph shall, upon conviction, be subject 
to a fine of not more than $5,000 or to imprisonment not to exceed one 
year, or both.
    (iii) The Administrator may prescribe regulations, under the 
authority of this chapter, to prevent radiation exposure which presents 
an unreasonable risk to human health from the use in construction or 
land reclamation (with or without revegetation) of (I) solid waste from 
the extraction, beneficiation, and processing of phosphate rock or (II) 
overburden from the mining of uranium ore.
    (iv) Whenever on the basis of any information the Administrator 
determines that any person is in violation of any requirement of this 
subparagraph, the Administrator shall give notice to the violator of his 
failure to comply with such requirement. If such violation extends 
beyond the thirtieth day after the Administrator's notification, the 
Administrator may issue an order requiring compliance within a specified 
time period or the Administrator may commence a civil action in the 
United States district court in the district in which the violation 
occurred for appropriate relief, including a temporary or permanent 
injunction.
    (C) Not later than six months after the date of submission of the 
applicable study required to be conducted under subsection (f), (n), 
(o), or (p), of section 6982 of this title, the Administrator shall, 
after public hearings and opportunity for comment, either determine to 
promulgate regulations under this subchapter for each waste listed in 
subparagraph (A) of this paragraph or determine that such regulations 
are unwarranted. The Administrator shall publish his determination, 
which shall be based on information developed or accumulated pursuant to 
such study, public hearings, and comment, in the Federal Register 
accompanied by an explanation and justification of the reasons for it.

(c) Petition by State Governor

    At any time after the date eighteen months after October 21, 1976, 
the Governor of any State may petition the Administrator to identify or 
list a material as a hazardous waste. The Administrator shall act upon 
such petition within ninety days following his receipt thereof and shall 
notify the Governor of such action. If the Administrator denies such 
petition because of financial considerations, in providing such notice 
to the Governor he shall include a statement concerning such 
considerations.

(d) Small quantity generator waste

    (1) By March 31, 1986, the Administrator shall promulgate standards 
under sections 6922, 6923, and 6924 of this title for hazardous waste 
generated by a generator in a total quantity of hazardous waste greater 
than one hundred kilograms but less than one thousand kilograms during a 
calendar month.
    (2) The standards referred to in paragraph (1), including standards 
applicable to the legitimate use, reuse, recycling, and reclamation of 
such wastes, may vary from the standards applicable to hazardous waste 
generated by larger quantity generators, but such standards shall be 
sufficient to protect human health and the environment.
    (3) Not later than two hundred and seventy days after November 8, 
1984, any hazardous waste which is part of a total quantity generated by 
a generator generating greater than one hundred kilograms but less than 
one thousand kilograms during one calendar month and which is shipped 
off the premises on which such waste is generated shall be accompanied 
by a copy of the Environmental Protection Agency Uniform Hazardous Waste 
Manifest form signed by the generator. This form shall contain the 
following information:
        (A) the name and address of the generator of the waste;
        (B) the United States Department of Transportation description 
    of the waste, including the proper shipping name, hazard class, and 
    identification number (UN/NA), if applicable;
        (C) the number and type of containers;
        (D) the quantity of waste being transported; and
        (E) the name and address of the facility designated to receive 
    the waste.

If subparagraph (B) is not applicable, in lieu of the description 
referred to in such subparagraph (B), the form shall contain the 
Environmental Protection Agency identification number, or a generic 
description of the waste, or a description of the waste by hazardous 
waste characteristic. Additional requirements related to the manifest 
form shall apply only if determined necessary by the Administrator to 
protect human health and the environment.
    (4) The Administrator's responsibility under this subchapter to 
protect human health and the environment may require the promulgation of 
standards under this subchapter for hazardous wastes which are generated 
by any generator who does not generate more than one hundred kilograms 
of hazardous waste in a calendar month.
    (5) Until the effective date of standards required to be promulgated 
under paragraph (1), any hazardous waste identified or listed under this 
section generated by any generator during any calendar month in a total 
quantity greater than one hundred kilograms but less than one thousand 
kilograms, which is not treated, stored, or disposed of at a hazardous 
waste treatment, storage, or disposal facility with a permit under 
section 6925 of this title, shall be disposed of only in a facility 
which is permitted, licensed, or registered by a State to manage 
municipal or industrial solid waste.
    (6) Standards promulgated as provided in paragraph (1) shall, at a 
minimum, require that all treatment, storage, or disposal of hazardous 
wastes generated by generators referred to in paragraph (1) shall occur 
at a facility with interim status or a permit under this subchapter, 
except that onsite storage of hazardous waste generated by a generator 
generating a total quantity of hazardous waste greater than one hundred 
kilograms, but less than one thousand kilograms during a calendar month, 
may occur without the requirement of a permit for up to one hundred and 
eighty days. Such onsite storage may occur without the requirement of a 
permit for not more than six thousand kilograms for up to two hundred 
and seventy days if such generator must ship or haul such waste over two 
hundred miles.
    (7)(A) Nothing in this subsection shall be construed to affect or 
impair the validity of regulations promulgated by the Secretary of 
Transportation pursuant to chapter 51 of title 49.
    (B) Nothing in this subsection shall be construed to affect, modify, 
or render invalid any requirements in regulations promulgated prior to 
January 1, 1983 applicable to any acutely hazardous waste identified or 
listed under this section which is generated by any generator during any 
calendar month in a total quantity less than one thousand kilograms.
    (8) Effective March 31, 1986, unless the Administrator promulgates 
standards as provided in paragraph (1) of this subsection prior to such 
date, hazardous waste generated by any generator in a total quantity 
greater than one hundred kilograms but less than one thousand kilograms 
during a calendar month shall be subject to the following requirements 
until the standards referred to in paragraph (1) of this subsection have 
become effective:
        (A) the notice requirements of paragraph (3) of this subsection 
    shall apply and in addition, the information provided in the form 
    shall include the name of the waste transporters and the name and 
    address of the facility designated to receive the waste;
        (B) except in the case of the onsite storage referred to in 
    paragraph (6) of this subsection, the treatment, storage, or 
    disposal of such waste shall occur at a facility with interim status 
    or a permit under this subchapter;
        (C) generators of such waste shall file manifest exception 
    reports as required of generators producing greater amounts of 
    hazardous waste per month except that such reports shall be filed by 
    January 31, for any waste shipment occurring in the last half of the 
    preceding calendar year, and by July 31, for any waste shipment 
    occurring in the first half of the calendar year; and
        (D) generators of such waste shall retain for three years a copy 
    of the manifest signed by the designated facility that has received 
    the waste.

Nothing in this paragraph shall be construed as a determination of the 
standards appropriate under paragraph (1).
    (9) The last sentence of section 6930(b) of this title shall not 
apply to regulations promulgated under this subsection.

(e) Specified wastes

    (1) Not later than 6 months after November 8, 1984, the 
Administrator shall, where appropriate, list under subsection (b)(1) of 
this section, additional wastes containing chlorinated dioxins or 
chlorinated-dibenzofurans. Not later than one year after November 8, 
1984, the Administrator shall, where appropriate, list under subsection 
(b)(1) of this section wastes containing remaining halogenated dioxins 
and halogenated-dibenzofurans.
    (2) Not later than fifteen months after November 8, 1984, the 
Administrator shall make a determination of whether or not to list under 
subsection (b)(1) of this section the following wastes: Chlorinated 
Aliphatics, Dioxin, Dimethyl Hydrazine, TDI (toluene diisocyanate), 
Carbamates, Bromacil, Linuron, Organo-bromines, solvents, refining 
wastes, chlorinated aromatics, dyes and pigments, inorganic chemical 
industry wastes, lithium batteries, coke byproducts, paint production 
wastes, and coal slurry pipeline effluent.

(f) Delisting procedures

    (1) When evaluating a petition to exclude a waste generated at a 
particular facility from listing under this section, the Administrator 
shall consider factors (including additional constituents) other than 
those for which the waste was listed if the Administrator has a 
reasonable basis to believe that such additional factors could cause the 
waste to be a hazardous waste. The Administrator shall provide notice 
and opportunity for comment on these additional factors before granting 
or denying such petition.
    (2)(A) To the maximum extent practicable the Administrator shall 
publish in the Federal Register a proposal to grant or deny a petition 
referred to in paragraph (1) within twelve months after receiving a 
complete application to exclude a waste generated at a particular 
facility from being regulated as a hazardous waste and shall grant or 
deny such a petition within twenty-four months after receiving a 
complete application.
    (B) The temporary granting of such a petition prior to November 8, 
1984, without the opportunity for public comment and the full 
consideration of such comments shall not continue for more than twenty-
four months after November 8, 1984. If a final decision to grant or deny 
such a petition has not been promulgated after notice and opportunity 
for public comment within the time limit prescribed by the preceding 
sentence, any such temporary granting of such petition shall cease to be 
in effect.

(g) EP toxicity

    Not later than twenty-eight months after November 8, 1984, the 
Administrator shall examine the deficiencies of the extraction procedure 
toxicity characteristic as a predictor of the leaching potential of 
wastes and make changes in the extraction procedure toxicity 
characteristic, including changes in the leaching media, as are 
necessary to insure that it accurately predicts the leaching potential 
of wastes which pose a threat to human health and the environment when 
mismanaged.

(h) Additional characteristics

    Not later than two years after November 8, 1984, the Administrator 
shall promulgate regulations under this section identifying additional 
characteristics of hazardous waste, including measures or indicators of 
toxicity.

(i) Clarification of household waste exclusion

    A resource recovery facility recovering energy from the mass burning 
of municipal solid waste shall not be deemed to be treating, storing, 
disposing of, or otherwise managing hazardous wastes for the purposes of 
regulation under this subchapter, if--
        (1) such facility--
            (A) receives and burns only--
                (i) household waste (from single and multiple dwellings, 
            hotels, motels, and other residential sources), and
                (ii) solid waste from commercial or industrial sources 
            that does not contain hazardous waste identified or listed 
            under this section, and

            (B) does not accept hazardous wastes identified or listed 
        under this section, and

        (2) the owner or operator of such facility has established 
    contractual requirements or other appropriate notification or 
    inspection procedures to assure that hazardous wastes are not 
    received at or burned in such facility.

(Pub. L. 89-272, title II, Sec. 3001, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2806; amended Pub. L. 96-482, Sec. 7, Oct. 21, 
1980, 94 Stat. 2336; Pub. L. 98-616, title II, Secs. 221(a), 222, 
223(a), Nov. 8, 1984, 98 Stat. 3248, 3251, 3252; Pub. L. 104-119, 
Sec. 4(1), Mar. 26, 1996, 110 Stat. 833.)

                          Codification

    In subsec. (d)(7)(A), ``chapter 51 of title 49'' substituted for 
``the Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et 
seq.]'' on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 
Stat. 1378, the first section of which enacted subtitles II, III, and V 
to X of Title 49, Transportation.


                               Amendments

    1996--Subsec. (d)(5). Pub. L. 104-119 made technical amendment to 
reference in original act which appears in text as reference to this 
section.
    1984--Subsec. (b)(1). Pub. L. 98-616, Sec. 222(b), inserted at end 
``The Administrator, in cooperation with the Agency for Toxic Substances 
and Disease Registry and the National Toxicology Program, shall also 
identify or list those hazardous wastes which shall be subject to the 
provisions of this subchapter solely because of the presence in such 
wastes of certain constituents (such as identified carcinogens, 
mutagens, or teratagens) [sic] at levels in excess of levels which 
endanger human health.''
    Subsec. (d). Pub. L. 98-616, Sec. 221(a), added subsec. (d).
    Subsecs. (e) to (h). Pub. L. 98-616, Sec. 222(a), added subsecs. (e) 
to (h).
    Subsec. (i). Pub. L. 98-616, Sec. 223(a), added subsec. (i).
    1980--Subsec. (b). Pub. L. 96-482 designated existing provisions as 
par. (1) and added pars. (2) and (3).


                               Regulation

    Pub. L. 99-499, title I, Sec. 124(b), Oct. 17, 1986, 100 Stat. 1689, 
provided that: ``Unless the Administrator of the Environmental 
Protection Agency promulgates regulations under subtitle C of the Solid 
Waste Disposal Act [42 U.S.C. 6921 et seq.] addressing the extraction of 
wastes from landfills as part of the process of recovering methane from 
such landfills, the owner and operator of equipment used to recover 
methane from a landfill shall not be deemed to be managing, generating, 
transporting, treating, storing, or disposing of hazardous or liquid 
wastes within the meaning of that subtitle. If the aqueous or 
hydrocarbon phase of the condensate or any other waste material removed 
from the gas recovered from the landfill meets any of the 
characteristics identified under section 3001 of subtitle C of the Solid 
Waste Disposal Act [42 U.S.C. 6921], the preceding sentence shall not 
apply and such condensate phase or other waste material shall be deemed 
a hazardous waste under that subtitle, and shall be regulated 
accordingly.''

                          Transfer of Functions

    For transfer of certain enforcement functions of Administrator or 
other official of Environmental Protection Agency under this chapter to 
Federal Inspector, Office of Federal Inspector for the Alaska Natural 
Gas Transportation System, and subsequent transfer to Secretary of 
Energy, see note set out under section 6903 of this title.


                       Ash Management and Disposal

    Pub. L. 101-549, title III, Sec. 306, Nov. 15, 1990, 104 Stat. 2584, 
provided that: ``For a period of 2 years after the date of enactment of 
the Clean Air Act Amendments of 1990 [Nov. 15, 1990], ash from solid 
waste incineration units burning municipal waste shall not be regulated 
by the Administrator of the Environmental Protection Agency pursuant to 
section 3001 of the Solid Waste Disposal Act [42 U.S.C. 6921]. Such 
reference and limitation shall not be construed to prejudice, endorse or 
otherwise affect any activity by the Administrator following the 2-year 
period from the date of enactment of the Clean Air Act Amendments of 
1990.''


  Small Quantity Generator Waste; Inform and Educate; Waste Generators

    Section 221(b) of Pub. L. 98-616 directed Administrator of 
Environmental Protection Agency to undertake activities to inform and 
educate waste generators of their responsibilities under subsec. (d) of 
this section during the period within thirty months after Nov. 8, 1984, 
to help assure compliance.


Study of Existing Manifest System for Hazardous Wastes as Applicable to 
            Small Quantity Generators; Submittal to Congress

    Section 221(d) of Pub. L. 98-616 directed Administrator of 
Environmental Protection Agency to cause to be studied the existing 
manifest system for hazardous wastes as it applies to small quantity 
generators and recommend whether the current system should be retained 
or whether a new system should be introduced, such study to include an 
analysis of the cost versus the benefits of the system studied as well 
as an analysis of the ease of retrieving and collating information and 
identifying a given substance, with any new proposal to include a list 
of those standards that are necessary to protect human health and the 
environment, and with such study to be submitted to Congress not later 
than Apr. 1, 1987.


Administrative Burdens; Small Quantity Generators; Retention of Current 
                       System; Report to Congress

    Section 221(e) of Pub. L. 98-616 directed Administrator of 
Environmental Protection Agency, in conjunction with Secretary of 
Transportation, to prepare and submit to Congress, not later than Apr. 
1, 1987, a report on the feasibility of easing the administrative burden 
on small quantity generators, increasing compliance with statutory and 
regulatory requirements, and simplifying enforcement efforts through a 
program of licensing hazardous waste transporters to assume the 
responsibilities of small quantity generators relating to preparation of 
manifests and associated recordkeeping and reporting requirements, such 
report to examine the appropriate licensing requirements under such a 
program including the need for financial assurances by licensed 
transporters and to make recommendations on provisions and requirements 
for such a program including the appropriate division of 
responsibilities between Department of Transportation and Environmental 
Protection Administration.


    Educational Institutions; Accumulation, Storage and Disposal of 
                         Hazardous Wastes; Study

    Section 221(f) of Pub. L. 98-616 directed Administrator of 
Environmental Protection Agency, in consultation with Secretary of 
Education, the States, and appropriate educational associations, to 
conduct a comprehensive study of problems associated with accumulation, 
storage, and disposal of hazardous wastes from educational institutions, 
such study to include an investigation of feasibility and availability 
of environmentally sound methods for treatment, storage, or disposal of 
hazardous waste from such institutions, taking into account the types 
and quantities of such waste which are generated by these institutions, 
and the nonprofit nature of these institutions, and directed 
Administrator to submit a report to Congress containing the findings of 
the study not later than Apr. 1, 1987.

                  Section Referred to in Other Sections

    This section is referred to in sections 6923, 6924, 6925, 6930, 
6935, 6938, 6939, 6945, 6949a, 9605, 9625 of this title; title 33 
sections 1319, 2601; title 49 section 14901.
