
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6924]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
               SUBCHAPTER III--HAZARDOUS WASTE MANAGEMENT
 
Sec. 6924. Standards applicable to owners and operators of 
        hazardous waste treatment, storage, and disposal facilities
        

(a) In general

    Not later than eighteen months after October 21, 1976, and after 
opportunity for public hearings and after consultation with appropriate 
Federal and State agencies, the Administrator shall promulgate 
regulations establishing such performance standards, applicable to 
owners and operators of facilities for the treatment, storage, or 
disposal of hazardous waste identified or listed under this subchapter, 
as may be necessary to protect human health and the environment. In 
establishing such standards the Administrator shall, where appropriate, 
distinguish in such standards between requirements appropriate for new 
facilities and for facilities in existence on the date of promulgation 
of such regulations. Such standards shall include, but need not be 
limited to, requirements respecting--
        (1) maintaining records of all hazardous wastes identified or 
    listed under this chapter which is treated, stored, or disposed of, 
    as the case may be, and the manner in which such wastes were 
    treated, stored, or disposed of;
        (2) satisfactory reporting, monitoring, and inspection and 
    compliance with the manifest system referred to in section 6922(5) 
    \1\ of this title;
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    \1\ See References in Text note below.
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        (3) treatment, storage, or disposal of all such waste received 
    by the facility pursuant to such operating methods, techniques, and 
    practices as may be satisfactory to the Administrator;
        (4) the location, design, and construction of such hazardous 
    waste treatment, disposal, or storage facilities;
        (5) contingency plans for effective action to minimize 
    unanticipated damage from any treatment, storage, or disposal of any 
    such hazardous waste;
        (6) the maintenance of operation of such facilities and 
    requiring such additional qualifications as to ownership, continuity 
    of operation, training for personnel, and financial responsibility 
    (including financial responsibility for corrective action) as may be 
    necessary or desirable; and
        (7) compliance with the requirements of section 6925 of this 
    title respecting permits for treatment, storage, or disposal.

No private entity shall be precluded by reason of criteria established 
under paragraph (6) from the ownership or operation of facilities 
providing hazardous waste treatment, storage, or disposal services where 
such entity can provide assurances of financial responsibility and 
continuity of operation consistent with the degree and duration of risks 
associated with the treatment, storage, or disposal of specified 
hazardous waste.

(b) Salt dome formations, salt bed formations, underground mines and 
        caves

    (1) Effective on November 8, 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 subchapter, and;
        (C) a permit has been issued under section 6925(c) of this title 
    for the facility concerned.

    (2) Effective on November 8, 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 
6925(c) of this title 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) of this section 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 November 8, 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 November 8, 1984, the 
Administrator shall promulgate final regulations which--
        (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 
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 November 8, 1984, the placement of 
any liquid which is not a hazardous waste in a landfill for which a 
permit is required under section 6925(c) of this title or which is 
operating pursuant to interim status granted under section 6925(e) of 
this title is prohibited 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 6925(c) of this 
    title or operating pursuant to interim status under section 6925(e) 
    of this title, 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 Service Act) [42 
U.S.C. 300f et seq.].
    (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) of this section 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 November 8, 1984 (except as provided 
in subsection (f) of this section 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 regulations promulgated 
under subsection (m) of this section), 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 6921 of this title:
        (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/l.
        (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/l;
            (ii) cadmium and/or compounds (as Cd) 100 mg/l;
            (iii) chromium (VI and/or compounds (as Cr VI)) 500 mg/l;
            (iv) lead and/or compounds (as Pb) 500 mg/l;
            (v) mercury and/or compounds (as Hg) 20 mg/l;
            (vi) nickel and/or compounds (as Ni) 134 mg/l;
            (vii) selenium and/or compounds (as Se) 100 mg/l; and
            (viii) thallium and/or compounds (as Th) 130 mg/l.

        (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 November 8, 
1984, this subsection shall not apply to any disposal of contaminated 
soil or debris resulting from a response action taken under section 9604 
or 9606 of this title or a corrective action required under this 
subchapter.

(e) Solvents and dioxins

    (1) Effective twenty-four months after November 8, 1984 (except as 
provided in subsection (f) of this section 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)(1) of this section. 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) of this 
section), 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) The hazardous wastes to which the prohibition under paragraph 
(1) applies are as follows--
        (A) dioxin-containing hazardous wastes numbered F020, 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 F001, F002, F003, F004, and 
    F005 in regulations promulgated by the Administrator under section 
    6921 of this title (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 November 8, 
1984, this subsection shall not apply to any disposal of contaminated 
soil or debris resulting from a response action taken under section 9604 
or 9606 of this title or a corrective action required under this 
subchapter.

(f) Disposal into deep injection wells; specified subsection (d) wastes; 
        solvents and dioxins

    (1) Not later than forty-five months after November 8, 1984, the 
Administrator shall complete a review of the disposal of all hazardous 
wastes referred to in paragraph (2) of subsection (d) of this section 
and in paragraph (2) of subsection (e) of this section by underground 
injection into deep injection wells.
    (2) Within forty-five months after November 8, 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) of this section and the 
hazardous wastes referred to in paragraph (2) of subsection (e) of this 
section. 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) of this section. In promulgating 
such regulations, the Administrator shall consider each hazardous waste 
referred to in paragraph (2) of subsection (d) of this section or in 
paragraph (2) of subsection (e) of this section 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) of this section or in paragraph (2) of subsection (e) of 
this section within forty-five months after November 8, 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 waste other 
than a well to which section 6979a(a) \2\ of this title applies.
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    \2\ See References in Text note below.
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(g) Additional land disposal prohibition determinations

    (1) Not later than twenty-four months after November 8, 1984, the 
Administrator shall submit a schedule to Congress for--
        (A) reviewing all hazardous wastes listed (as of November 8, 
    1984) under section 6921 of this title other than those wastes which 
    are referred to in subsection (d) or (e) of this section; 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 November 8, 1984. Decisions 
regarding low volume hazardous wastes with lower intrinsic hazard shall 
be made by the date sixty-six months after November 8, 1984.
    (3) The preparation and submission of the schedule under this 
subsection shall not be subject to the Paperwork Reduction Act of 
1980.\2\ 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 November 8, 
    1984;
        (B) for at least two-thirds of all such listed wastes by the 
    date fifty-five months after November 8, 1984; and
        (C) for all such listed wastes and for all hazardous wastes 
    identified under section 6921 of this title by the date sixty-six 
    months after November 8, 1984.

In the case of any hazardous waste identified or listed under section 
6921 of this title after November 8, 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.
    (5) Not later than the date specified in the schedule published 
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 subparagraphs (A) through 
(C) of subsection (d)(1) of this section. 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) of this section) 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 November 8, 1984) to promulgate regulations or make a 
determination under paragraph (5) for any hazardous waste which is 
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) of this section 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 November 
8, 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) of this section 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 waste referred to in 
paragraph (1) within 66 months after November 8, 1984, such hazardous 
waste shall be prohibited from land disposal.
    (7) Solid waste identified as hazardous based solely on one or more 
characteristics shall not be subject to this subsection, any 
prohibitions under subsection (d), (e), or (f) of this section, or any 
requirement promulgated under subsection (m) of this section (other than 
any applicable specific methods of treatment, as provided in paragraph 
(8)) if the waste--
        (A) is treated in a treatment system that subsequently 
    discharges to waters of the United States pursuant to a permit 
    issued under section 1342 of title 33, treated for the purposes of 
    the pretreatment requirements of section 1317 of title 33, or 
    treated in a zero discharge system that, prior to any permanent land 
    disposal, engages in treatment that is equivalent to treatment 
    required under section 1342 of title 33 for discharges to waters of 
    the United States, as determined by the Administrator; and
        (B) no longer exhibits a hazardous characteristic prior to 
    management in any land-based solid waste management unit.

    (8) Solid waste that otherwise qualifies under paragraph (7) shall 
nevertheless be required to meet any applicable specific methods of 
treatment specified for such waste by the Administrator under subsection 
(m) of this section, including those specified in the rule promulgated 
by the Administrator June 1, 1990, prior to management in a land-based 
unit as part of a treatment system specified in paragraph (7)(A). No 
solid waste may qualify under paragraph (7) that would generate toxic 
gases, vapors, or fumes due to the presence of cyanide when exposed to 
pH conditions between 2.0 and 12.5.
    (9) Solid waste identified as hazardous based on one or more 
characteristics alone shall not be subject to this subsection, any 
prohibitions under subsection (d), (e), or (f) of this section, or any 
requirement promulgated under subsection (m) of this section if the 
waste no longer exhibits a hazardous characteristic at the point of 
injection in any Class I injection well permitted under section 300h-1 
of this title.
    (10) Not later than five years after March 26, 1996, the 
Administrator shall complete a study of hazardous waste managed pursuant 
to paragraph (7) or (9) to characterize the risks to human health or the 
environment associated with such management. In conducting this study, 
the Administrator shall evaluate the extent to which risks are 
adequately addressed under existing State or Federal programs and 
whether unaddressed risks could be better addressed under such laws or 
programs. Upon receipt of additional information or upon completion of 
such study and as necessary to protect human health and the environment, 
the Administrator may impose additional requirements under existing 
Federal laws, including subsection (m)(1) of this section, or rely on 
other State or Federal programs or authorities to address such risks. In 
promulgating any treatment standards pursuant to subsection (m)(1) of 
this section under the previous sentence, the Administrator shall take 
into account the extent to which treatment is occurring in land-based 
units as part of a treatment system specified in paragraph (7)(A).
    (11) Nothing in paragraph (7) or (9) shall be interpreted or applied 
to restrict any inspection or enforcement authority under the provisions 
of this chapter.

(h) Variance from land disposal prohibitions

    (1) A prohibition in regulations under subsection (d), (e), (f), or 
(g) of this section 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) of this section with respect to a specific hazardous 
waste which is subject to a prohibition under subsection (d), (e), (f), 
or (g) of this section or under regulations under subsection (d), (e), 
(f), or (g) of this section. 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) of this section.
    (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), (f), or (g) 
of this section or under paragraph (2) for up to one year, where the 
applicant demonstrates that there is a binding contractual commitment 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) of this section.

(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 disposal

    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) ``Land disposal'' defined

    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.

(l) 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 6921 of this title (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) of this section 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 short-term 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) of this section and 
may be disposed of in a land disposal facility which meets the 
requirements of this subchapter. Any regulation promulgated under this 
subsection for a particular hazardous waste shall become effective on 
the same date as any applicable prohibition promulgated under subsection 
(d), (e), (f), or (g) of this section.

(n) Air emissions

    Not later than thirty months after November 8, 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.

(o) Minimum technological requirements

    (1) The regulations 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 6925(c) of this 
title after November 8, 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 6925(c) of this title 
    is received after November 8, 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 
    6925(c) of this title after November 8, 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 (1)(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 (1)(A)(i) 
may be waived by the Administrator for any monofill, if--
        (A) such monofill 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 subchapter, and
        (C) such monofill meets the same requirements as are applicable 
    in the case of a waiver under section 6925(j)(2) or (4) of this 
    title.

    (4)(A) Not later than thirty months after November 8, 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 6921 of this title 
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 November 8, 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 \3\ 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 10<SUP>-7</SUP> centimeter per second.
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    \3\ So in original. Probably should be followed by a comma.
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    (6) Any permit under section 6925 of this title 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 chapter.
    (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 November 8, 1984, the Administrator 
shall publish guidance criteria identifying areas of vulnerable 
hydrogeology.

(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;
        (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 
November 8, 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) of this section) 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.

(q) Hazardous waste used as fuel

    (1) Not later than two years after November 8, 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 6921 of this title, or
            (ii) from any hazardous waste identified or listed under 
        section 6921 of this title 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 6921 
    of this title; 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 6921 of this title;

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) of this section as may be appropriate. 
Nothing in this subsection shall be construed to affect or impair the 
provisions of section 6921(b)(3) of this title. For purposes of this 
subsection, the term ``hazardous waste listed under section 6921 of this 
title'' includes any commercial chemical product which is listed under 
section 6921 of this title 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) of this section, and 
subsection (s) of this section 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 6921 of 
this title.
    (B) The Administrator may exempt from the requirements of this 
subsection, subsection (r) of this section, or subsection (s) of this 
section 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 designed and operated at a destruction and removal efficiency 
sufficient such that protection of human health and environment is 
assured.
    (C)(i) After November 8, 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 November 8, 1984) under this subchapter which are 
applicable to incinerators.
    (ii) Any person who knowingly violates the prohibition contained in 
clause (i) shall be deemed to have violated section 6928(d)(2) of this 
title.

(r) Labeling

    (1) Notwithstanding any other provision of law, until such time as 
the Administrator promulgates standards under subsection (q) of this 
section 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 6930 of this title to distribute or 
market any fuel which is produced from any hazardous waste identified or 
listed under section 6921 of this title, or any fuel which otherwise 
contains any hazardous waste identified or listed under section 6921 of 
this title 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 November 8, 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 petroleum-derived 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 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 petroleum-derived 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 Industrial Classification Manual.

(s) Recordkeeping

    Not later than fifteen months after November 8, 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 6930(a) of this title shall maintain such 
records regarding fuel blending, distribution, or use as may be 
necessary to protect human health and the environment.

(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 chapter.
    (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 chapter. 
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 subsection shall 
be construed to diminish the liability of any person under section 9607 
or 9611 of this title 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.

(u) Continuing releases at permitted facilities

    Standards promulgated under this section shall require, and a permit 
issued after November 8, 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 subchapter, 
regardless of the time at which waste was placed in such unit. Permits 
issued under section 6925 of this title 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.

(v) Corrective action beyond facility boundary

    As promptly as practicable after November 8, 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 6921 of this title 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 6930(b) of this 
title, and shall apply to--
        (1) all facilities operating under permits issued under 
    subsection (c) of this section, 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 this section for underground tanks that 
cannot be entered for inspection. Within forty-eight months after 
November 8, 1984, such standards shall be modified, if necessary, to 
cover at a minimum all requirements and standards described in section 
6991b of this title.

(x) Mining and other special wastes

    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 subchapter, the Administrator is authorized to 
modify the requirements of subsections (c), (d), (e), (f), (g), (o), and 
(u) of this section and section 6925(j) of this title, 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.

(y) Munitions

    (1) Not later than 6 months after October 6, 1992, the Administrator 
shall propose, after consulting with the Secretary of Defense and 
appropriate State officials, regulations identifying when military 
munitions become hazardous waste for purposes of this subchapter and 
providing for the safe transportation and storage of such waste. Not 
later than 24 months after October 6, 1992, and after notice and 
opportunity for comment, the Administrator shall promulgate such 
regulations. Any such regulations shall assure protection of human 
health and the environment.
    (2) For purposes of this subsection, the term ``military munitions'' 
includes chemical and conventional munitions.

(Pub. L. 89-272, title II, Sec. 3004, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2807; amended Pub. L. 96-482, Sec. 9, Oct. 21, 
1980, 94 Stat. 2338; Pub. L. 98-616, title II, Secs. 201(a), 202(a), 
203, 204(b)(1), 205-209, Nov. 8, 1984, 98 Stat. 3226, 3233, 3234, 3236, 
3238-3240; Pub. L. 102-386, title I, Sec. 107, Oct. 6, 1992, 106 Stat. 
1513; Pub. L. 104-119, Secs. 2, 4(2)-(5), Mar. 26, 1996, 110 Stat. 830, 
833.)

                       References in Text

    Section 6922(5) of this title, referred to in subsec. (a)(2), was 
redesignated section 6922(a)(5) of this title, by Pub. L. 98-616, title 
II, Sec. 224(a)(1), Nov. 8, 1984, 98 Stat. 3253.
    The Safe Drinking Water Act, referred to in subsec. (c)(3), is title 
XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-523, 
Sec. 2(a), 88 Stat. 1660, as amended, which is classified generally to 
subchapter XII (Sec. 300f et seq.) of chapter 6A of this title. For 
complete classification of this Act to the Code see Short Title note set 
out under section 201 of this title and Tables.
    Section 6979a of this title, referred to in subsec. (f)(4), was in 
the original a reference to section 7010 of Pub. L. 89-272, which was 
renumbered section 3020 of Pub. L. 89-272 by Pub. L. 99-339, title II, 
Sec. 201(c), June 19, 1986, 100 Stat. 654, and transferred to section 
6939b of this title.
    The Paperwork Reduction Act of 1980, referred to in subsec. (g)(3), 
is Pub. L. 96-511, Dec. 11, 1980, 94 Stat. 2812, as amended, which was 
classified principally to chapter 35 (Sec. 3501 et seq.) of Title 44, 
Public Printing and Documents, prior to the general amendment of that 
chapter by Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 163. For 
complete classification of this Act to the Code, see Short Title of 1980 
Amendment note set out under section 101 of Title 44 and Tables.
    The Federal Bankruptcy Code, referred to in subsec. (t)(2), probably 
means a reference to Title 11, Bankruptcy.


                               Amendments

    1996--Subsec. (g)(5). Pub. L. 104-119, Sec. 4(3), substituted 
``subparagraphs (A) through (C)'' for ``subparagraph (A) through (C)''.
    Subsec. (g)(7) to (11). Pub. L. 104-119, Sec. 2, added pars. (7) to 
(11).
    Subsec. (q)(1)(C). Pub. L. 104-119, Sec. 4(2), inserted a semicolon 
at end of subpar. (C).
    Subsec. (r)(2)(C). Pub. L. 104-119, Sec. 4(4), substituted 
``petroleum-derived'' for ``pertroleum-derived''.
    Subsec. (r)(3). Pub. L. 104-119, Sec. 4(5), inserted ``Industrial'' 
after ``Standard''.
    1992--Subsec. (y). Pub. L. 102-386 added subsec. (y).
    1984--Subsec. (a). Pub. L. 98-616, Sec. 201(a), designated existing 
provisions as subsec. (a).
    Subsec. (a)(6). Pub. L. 98-616, Sec. 208, inserted ``(including 
financial responsibility for corrective action)''.
    Subsecs. (b) to (n). Pub. L. 98-616, Sec. 201(a), added subsecs. (b) 
to (n).
    Subsec. (o). Pub. L. 98-616, Sec. 202(a), added subsec. (o).
    Subsec. (p). Pub. L. 98-616, Sec. 203, added subsec. (p).
    Subsecs. (q) to (s). Pub. L. 98-616, Sec. 204(b)(1), added subsecs. 
(q) to (s).
    Subsec. (t). Pub. L. 98-616, Sec. 205, added subsec. (t).
    Subsec. (u). Pub. L. 98-616, Sec. 206, added subsec. (u).
    Subsecs. (v), (w). Pub. L. 98-616, Sec. 207, added subsecs. (v) and 
(w).
    Subsec. (x). Pub. L. 98-616, Sec. 209, added subsec. (x).
    1980--Pub. L. 96-482 required standards regulations to reflect 
distinction in requirements appropriate for new facilities and for 
facilities in existence on date of promulgation of the regulations.

                          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.

                  Section Referred to in Other Sections

    This section is referred to in sections 6921, 6925, 6926, 6935, 
6936, 6939c, 6939e, 6971, 9621, 9622 of this title; title 10 section 
2708; title 26 section 4662.
