
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6939c]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
               SUBCHAPTER III--HAZARDOUS WASTE MANAGEMENT
 
Sec. 6939c. Mixed waste inventory reports and plan


(a) Mixed waste inventory reports

                           (1) Requirement

        Not later than 180 days after October 6, 1992, the Secretary of 
    Energy shall submit to the Administrator and to the Governor of each 
    State in which the Department of Energy stores or generates mixed 
    wastes the following reports:
            (A) A report containing a national inventory of all such 
        mixed wastes, regardless of the time they were generated, on a 
        State-by-State basis.
            (B) A report containing a national inventory of mixed waste 
        treatment capacities and technologies.

                       (2) Inventory of wastes

        The report required by paragraph (1)(A) shall include the 
    following:
            (A) A description of each type of mixed waste at each 
        Department of Energy facility in each State, including, at a 
        minimum, the name of the waste stream.
            (B) The amount of each type of mixed waste currently stored 
        at each Department of Energy facility in each State, set forth 
        separately by mixed waste that is subject to the land disposal 
        prohibition requirements of section 6924 of this title and mixed 
        waste that is not subject to such prohibition requirements.
            (C) An estimate of the amount of each type of mixed waste 
        the Department expects to generate in the next 5 years at each 
        Department of Energy facility in each State.
            (D) A description of any waste minimization actions the 
        Department has implemented at each Department of Energy facility 
        in each State for each mixed waste stream.
            (E) The EPA hazardous waste code for each type of mixed 
        waste containing waste that has been characterized at each 
        Department of Energy facility in each State.
            (F) An inventory of each type of waste that has not been 
        characterized by sampling and analysis at each Department of 
        Energy facility in each State.
            (G) The basis for the Department's determination of the 
        applicable hazardous waste code for each type of mixed waste at 
        each Department of Energy facility and a description of whether 
        the determination is based on sampling and analysis conducted on 
        the waste or on the basis of process knowledge.
            (H) A description of the source of each type of mixed waste 
        at each Department of Energy facility in each State.
            (I) The land disposal prohibition treatment technology or 
        technologies specified for the hazardous waste component of each 
        type of mixed waste at each Department of Energy facility in 
        each State.
            (J) A statement of whether and how the radionuclide content 
        of the waste alters or affects use of the technologies described 
        in subparagraph (I).

       (3) Inventory of treatment capacities and technologies

        The report required by paragraph (1)(B) shall include the 
    following:
            (A) An estimate of the available treatment capacity for each 
        waste described in the report required by paragraph (1)(A) for 
        which treatment technologies exist.
            (B) A description, including the capacity, number and 
        location, of each treatment unit considered in calculating the 
        estimate under subparagraph (A).
            (C) A description, including the capacity, number and 
        location, of any existing treatment unit that was not considered 
        in calculating the estimate under subparagraph (A) but that 
        could, alone or in conjunction with other treatment units, be 
        used to treat any of the wastes described in the report required 
        by paragraph (1)(A) to meet the requirements of regulations 
        promulgated pursuant to section 6924(m) of this title.
            (D) For each unit listed in subparagraph (C), a statement of 
        the reasons why the unit was not included in calculating the 
        estimate under subparagraph (A).
            (E) A description, including the capacity, number, location, 
        and estimated date of availability, of each treatment unit 
        currently proposed to increase the treatment capacities 
        estimated under subparagraph (A).
            (F) For each waste described in the report required by 
        paragraph (1)(A) for which the Department has determined no 
        treatment technology exists, information sufficient to support 
        such determination and a description of the technological 
        approaches the Department anticipates will need to be developed 
        to treat the waste.

                     (4) Comments and revisions

        Not later than 90 days after the date of the submission of the 
    reports by the Secretary of Energy under paragraph (1), the 
    Administrator and each State which received the reports shall submit 
    any comments they may have concerning the reports to the Department 
    of Energy. The Secretary of Energy shall consider and publish the 
    comments prior to publication of the final report.

               (5) Requests for additional information

        Nothing in this subsection limits or restricts the authority of 
    States or the Administrator to request additional information from 
    the Secretary of Energy.

(b) Plan for development of treatment capacities and technologies

                        (1) Plan requirement

        (A)(i) For each facility at which the Department of Energy 
    generates or stores mixed wastes, except any facility subject to a 
    permit, agreement, or order described in clause (ii), the Secretary 
    of Energy shall develop and submit, as provided in paragraph (2), a 
    plan for developing treatment capacities and technologies to treat 
    all of the facility's mixed wastes, regardless of the time they were 
    generated, to the standards promulgated pursuant to section 6924(m) 
    of this title.
        (ii) Clause (i) shall not apply with respect to any facility 
    subject to any permit establishing a schedule for treatment of such 
    wastes, or any existing agreement or administrative or judicial 
    order governing the treatment of such wastes, to which the State is 
    a party.
        (B) Each plan shall contain the following:
            (i) For mixed wastes for which treatment technologies exist, 
        a schedule for submitting all applicable permit applications, 
        entering into contracts, initiating construction, conducting 
        systems testing, commencing operations, and processing 
        backlogged and currently generated mixed wastes.
            (ii) For mixed wastes for which no treatment technologies 
        exist, a schedule for identifying and developing such 
        technologies, identifying the funding requirements for the 
        identification and development of such technologies, submitting 
        treatability study exemptions, and submitting research and 
        development permit applications.
            (iii) For all cases where the Department proposes 
        radionuclide separation of mixed wastes, or materials derived 
        from mixed wastes, it shall provide an estimate of the volume of 
        waste generated by each case of radionuclide separation, the 
        volume of waste that would exist or be generated without 
        radionuclide separation, the estimated costs of waste treatment 
        and disposal if radionuclide separation is used compared to the 
        estimated costs if it is not used, and the assumptions 
        underlying such waste volume and cost estimates.

        (C) A plan required under this subsection may provide for 
    centralized, regional, or on-site treatment of mixed wastes, or any 
    combination thereof.

                   (2) Review and approval of plan

        (A) For each facility that is located in a State (i) with 
    authority under State law to prohibit land disposal of mixed waste 
    until the waste has been treated and (ii) with both authority under 
    State law to regulate the hazardous components of mixed waste and 
    authorization from the Environmental Protection Agency under section 
    6926 of this title to regulate the hazardous components of mixed 
    waste, the Secretary of Energy shall submit the plan required under 
    paragraph (1) to the appropriate State regulatory officials for 
    their review and approval, modification, or disapproval. In 
    reviewing the plan, the State shall consider the need for regional 
    treatment facilities. The State shall consult with the Administrator 
    and any other State in which a facility affected by the plan is 
    located and consider public comments in making its determination on 
    the plan. The State shall approve, approve with modifications, or 
    disapprove the plan within 6 months after receipt of the plan.
        (B) For each facility located in a State that does not have the 
    authority described in subparagraph (A), the Secretary shall submit 
    the plan required under paragraph (1) to the Administrator of the 
    Environmental Protection Agency for review and approval, 
    modification, or disapproval. A copy of the plan also shall be 
    provided by the Secretary to the State in which such facility is 
    located. In reviewing the plan, the Administrator shall consider the 
    need for regional treatment facilities. The Administrator shall 
    consult with the State or States in which any facility affected by 
    the plan is located and consider public comments in making a 
    determination on the plan. The Administrator shall approve, approve 
    with modifications, or disapprove the plan within 6 months after 
    receipt of the plan.
        (C) Upon the approval of a plan under this paragraph by the 
    Administrator or a State, the Administrator shall issue an order 
    under section 6928(a) of this title, or the State shall issue an 
    order under appropriate State authority, requiring compliance with 
    the approved plan.

                      (3) Public participation

        Upon submission of a plan by the Secretary of Energy to the 
    Administrator or a State, and before approval of the plan by the 
    Administrator or a State, the Administrator or State shall publish a 
    notice of the availability of the submitted plan and make such 
    submitted plan available to the public on request.

                        (4) Revisions of plan

        If any revisions of an approved plan are proposed by the 
    Secretary of Energy or required by the Administrator or a State, the 
    provisions of paragraphs (2) and (3) shall apply to the revisions in 
    the same manner as they apply to the original plan.

                   (5) Waiver of plan requirement

        (A) A State may waive the requirement for the Secretary of 
    Energy to develop and submit a plan under this subsection for a 
    facility located in the State if the State (i) enters into an 
    agreement with the Secretary of Energy that addresses compliance at 
    that facility with section 6924(j) of this title with respect to 
    mixed waste, and (ii) issues an order requiring compliance with such 
    agreement and which is in effect.
        (B) Any violation of an agreement or order referred to in 
    subparagraph (A) is subject to the waiver of sovereign immunity 
    contained in section 6961(a) of this title.

(c) Schedule and progress reports

                            (1) Schedule

        Not later than 6 months after October 6, 1992, the Secretary of 
    Energy shall publish in the Federal Register a schedule for 
    submitting the plans required under subsection (b) of this section.

                        (2) Progress reports

        (A) Not later than the deadlines specified in subparagraph (B), 
    the Secretary of Energy shall submit to the Committee on Environment 
    and Public Works of the Senate and the Committee on Energy and 
    Commerce of the House of Representatives a progress report 
    containing the following:
            (i) An identification, by facility, of the plans that have 
        been submitted to States or the Administrator of the 
        Environmental Protection Agency pursuant to subsection (b) of 
        this section.
            (ii) The status of State and Environmental Protection Agency 
        review and approval of each such plan.
            (iii) The number of orders requiring compliance with such 
        plans that are in effect.
            (iv) For the first 2 reports required under this paragraph, 
        an identification of the plans required under such subsection 
        (b) of this section that the Secretary expects to submit in the 
        12-month period following submission of the report.

        (B) The Secretary of Energy shall submit a report under 
    subparagraph (A) not later than 12 months after October 6, 1992, 24 
    months after October 6, 1992, and 36 months after October 6, 1992.

(Pub. L. 89-272, title II, Sec. 3021, as added Pub. L. 102-386, title I, 
Sec. 105(a)(1), Oct. 6, 1992, 106 Stat. 1508.)

                         Change of Name

    Committee on Energy and Commerce of House of Representatives treated 
as referring to Committee on Commerce of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.


                               GAO Report

    Section 105(c) of Pub. L. 102-386 provided that:
    ``(1) Requirement.--Not later than 18 months after the date of the 
enactment of this Act [Oct. 6, 1992], the Comptroller General shall 
submit to Congress a report on the Department of Energy's progress in 
complying with section 3021(b) of the Solid Waste Disposal Act [42 
U.S.C. 6939c(b)].
    ``(2) Matters to be included.--The report required under paragraph 
(1) shall contain, at a minimum, the following:
        ``(A) The Department of Energy's progress in submitting to the 
    States or the Administrator of the Environmental Protection Agency a 
    plan for each facility for which a plan is required under section 
    3021(b) of the Solid Waste Disposal Act and the status of State or 
    Environmental Protection Agency review and approval of each such 
    plan.
        ``(B) The Department of Energy's progress in entering into 
    orders requiring compliance with any such plans that have been 
    approved.
        ``(C) An evaluation of the completeness and adequacy of each 
    such plan as of the date of submission of the report required under 
    paragraph (1).
        ``(D) An identification of any recurring problems among the 
    Department of Energy's submitted plans.
        ``(E) A description of treatment technologies and capacity that 
    have been developed by the Department of Energy since the date of 
    the enactment of this Act and a list of the wastes that are expected 
    to be treated by such technologies and the facilities at which the 
    wastes are generated or stored.
        ``(F) The progress made by the Department of Energy in 
    characterizing its mixed waste streams at each such facility by 
    sampling and analysis.
        ``(G) An identification and analysis of additional actions that 
    the Department of Energy must take to--
            ``(i) complete submission of all plans required under such 
        section 3021(b) for all such facilities;
            ``(ii) obtain the adoption of orders requiring compliance 
        with all such plans; and
            ``(iii) develop mixed waste treatment capacity and 
        technologies.''
