In Justin Nobel’s new book, PETROLEUM-238: Big Oil’s Dangerous Secret and the Grassroots Fight to Stop It, he makes multiple references to the exemption provided for radioactive drilling and fracking waste, due to the Bentsen and Bevill Waste Amendments.
PENNSYLVANIA’S MARCELLUS SHALE
Maximum radium level (Ra-226+Ra228) and average radium level in oilfield brine for the Marcellus Formation in Pennsylvania:
- Maximum: 28,500 pCi/L
- Average: 9,330 pCi/L
- Source: Technologically Enhanced Naturally Occurring Radioactivity Materials (TENORM) Study Report (Pennsylvania Department of Environmental Protection, 2016).
Below are the details about these ‘special waste’ exemptions:
The federal program to manage hazardous waste was established in 1976 by the Resource Conservation and Recovery Act (RCRA)
RCRA is the primary federal law governing the management of solid and hazardous waste. Enacted in 1976, RCRA recodified and amended the Solid Waste Disposal Act of 1965.
Sometimes referred to by the names of their sponsors, Representative Thomas Bevill and Senator Lloyd Bentsen, the amendments exclude specific large-volume industrial solid waste from Subtitle C, as follows:
- The Bevill Amendment — 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; solid waste from the extraction, beneficiation, and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore; and cement kiln dust (42 U.S.C. §6921(b)(3)(A)(i)-(iii)).
Thomas Bevill was an American attorney, politician, and Democratic 15-term U.S. congressman, who represented Alabama’s 4th Congressional District and 7th Congressional District from 1967 to 1997.
- The Bentsen Amendment — Drilling fluids, produced waters, and other wastes associated with the exploration, development, and production of crude oil or natural gas or geothermal energy (42 U.S.C. §6921(b)(2)(A)).
Lloyd Bentsen Jr. was an American politician who was a 4-term U.S. Senator (1971–1993) from Texas.
(Excerpts below are focused on Oil & Gas waste)
When EPA proposed regulations for managing hazardous waste under Subtitle C of Resource Conservation and Recovery Act (RCRA) on December 18, 1978 (43 FR 58946), the agency deferred hazardous waste requirements for six categories of waste—which EPA termed “special wastes”—until further study and assessment could be completed to determine their risk to human health and the environment. These wastes typically are generated in large volumes and, at the time, were believed to possess less risk to human health and the environment than the wastes being identified for regulation as hazardous waste.
Exempted “Special Wastes”
On October 12, 1980, Congress enacted the Solid Waste Disposal Act Amendments of 1980 (Public Law 96-482), which included the Bentsen and Bevill Amendments (sections 3001(b)(2)(A) and 3001(b)(3)(A)) These new sections exempted “special wastes” from regulation under Subtitle C of RCRA until further study and assessment of risk could be performed. Specifically, the Bentsen Amendment (section 3001(b)(2)(A)) exempted drilling fluids, produced waters, and other wastes associated with the exploration, development, and production of crude oil or natural gas or geothermal energy. The Bevill Amendment (section 3001(b)(3)(A)) exempted fossil fuel combustion waste; waste from the extraction, beneficiation, and processing of ores and minerals (including phosphate rock and overburden from uranium ore mining); and cement kiln dust.
The Bevill and Bentsen Amendments also required EPA to complete full assessments of each exempted waste and submit a formal report to Congress on its findings. Section 8002 explicitly identified the requirements for each special waste study and established deadlines for submission of the final reports. After completion of each respective “Report to Congress”, EPA was then required to make a final regulatory determination within six months as to whether the special waste in question warranted regulation as a hazardous waste under Subtitle C of RCRA.
The EPA submitted Reports to Congress and issued final regulatory determinations for each of the special wastes. For more information on each of the special wastes and links to their regulatory timelines, check out the next section.
Crude Oil and Natural Gas Waste
Certain wastes from the exploration and production of oil, natural gas, and geothermal energy are excluded from hazardous waste regulations under Subtitle C of RCRA. These wastes include those that have been brought to the surface during oil and gas exploration and production operations, and other wastes that have come into contact with the oil and gas production stream (e.g., materials used to process natural gas).
Management of Oil and Gas Exploration and Production Waste
Wastes generated from crude oil and natural gas exploration and production are generally subject to regulation under Subtitle D of the Resource Conservation and Recovery Act (RCRA) and state regulations, and many state governments have specific regulations and guidance for exploration and production wastes. In addition, some states are developing legislation and regulations in response to the increase in the use of hydraulic fracturing, including requirements related to waste management.
As the use of hydraulic fracturing has increased, so too have concerns about potential impacts on public health and the environment, including potential impacts arising from improper management of wastes from exploration and production activities. Proper waste management is important for all exploration and production wastes, including those that are associated with hydraulic fracturing activities.
Management of Oil and Gas Wastes – 2019 Review
Section 2002(b) of RCRA requires every regulation promulgated under the Act to be reviewed and, where necessary, revised not less frequently than every three years. On May 4, 2016, the Environmental Integrity Project and others filed a lawsuit with the U.S. District Court for the District of Columbia that alleged EPA had failed to perform its non-discretionary duty under Section 2002(b) to evaluate the federal Subtitle D solid waste regulatory requirements for the management of wastes associated with exploration, development and production wastes from crude oil, natural gas and geothermal energy (oil and gas) activities.
In response, EPA entered into a consent decree to conduct a review and determine whether revisions to the federal solid waste management regulations are necessary. To support this effort, EPA conducted an extensive literature review of government, industry and academic sources to supplement the information available from previous Agency actions. This review, to determine whether changes to the federal solid waste regulations are necessary, evaluated factors such as waste characteristics, management practices, damage cases and the coverage of state programs.
Based on the information gathered for this review, EPA concludes that revisions to the federal regulations for the management of exploration, development and production wastes of crude oil, natural gas and geothermal energy under Subtitle D of RCRA (title 40 of the Code of Federal Regulations in Part 257) are not necessary at this time. Additional information comprising EPA’s review and decision is contained in the document entitled, Management of Oil and Gas Exploration, Development and Production Wastes: Factors Informing a Decision on the Need for Regulatory Action. EPA will continue to work with states and other organizations to identify areas for continued improvement and to address emerging issues to ensure that exploration, development and production wastes continue to be managed in a manner that is protective of human health and the environment. Learn more about EPA’s collaboration with the State Review of Oil and Natural Gas Environmental Regulations.
Wastes Associated with Hydraulic Fracturing
Natural gas plays a key role in our nation’s clean energy future. The United States has vast reserves of natural gas that are commercially viable as a result of advances in horizontal drilling and hydraulic fracturing technologies enabling greater access to gas in shale formations. Responsible development of America’s shale gas resources offers important economic, energy security, and environmental benefits.
Oil and gas exploration and production well installation operations typically comprise three stages:
- Well Drilling and Completion Stage
Wastes Produced:- Drilling Fluids (drilling muds)
- Cuttings
- Produced Water
- Well Stimulation Stage (hydraulic fracturing)
Wastes Produced:- Fracturing Fluid Returns
- Produced Water
- Well Production Stage
Wastes Produced:- Produced Water
During hydraulic fracturing specially engineered fluids containing chemical additives and proppant (eg., sand) are pumped under high pressure into a well to create and hold open fractures within the geologic formation. Hydraulic fracturing is often performed in stages, and following each stage, some fluids return to the surface as fracturing fluid returns (‘flowback’).
It is important to note that the use of horizontal drilling in conjunction with hydraulic fracturing can often result in large volumes of flowback, a key attribute distinguishing wastes generated during hydraulic fracturing in unconventional reservoirs from wastes generated during other types of exploration and production activities. For example, larger volumes of flowback require larger on-site storage capacity, either using land-based units (pits) or tanks.
State Regulations for Management of Wastes from Oil and Gas and Exploration and Production Activities
While many exploration and production wastes are exempt from regulation as hazardous waste under Subtitle C of RCRA, these wastes are generally subject to non-hazardous waste regulation under RCRA Subtitle D and applicable state regulations. Many state governments have specific regulations and guidance for exploration and production wastes.
Over the last several years, many states have been developing and updating legislation and regulations in light of the increase in the use of hydraulic fracturing, including requirements related to waste management. Exploration and production activity occurring on federal lands is regulated under the jurisdiction of the Department of Interior’s Bureau of Land Management (BLM), subject to BLM regulations and guidance. EPA strongly believes that the management of exploration and production wastes should occur in a manner that prevents releases of hazardous constituents to the environment, particularly releases that may impact groundwater and surface water resources.
EPA reviewed the waste-related provisions of state regulations as of March 2014, for oil and natural gas waste pits and storage tanks for 26 of 33 gas producing states (ie., states with the most significant shale gas activity). The review examined only the state statutes and regulations and did not include a review of permitting decisions, compliance monitoring, or enforcement actions. EPA consulted the following sources:
- State Regulations and Statutes
- State Review of Oil and Natural Gas Environmental Regulations (STRONGER) Board state reviews
- 2009 Department of Energy (DOE) Report: State Regulations Designed to Protect Water Resources
In addition, EPA staff contacted each of the 26 reviewed states’ primary regulatory agencies to verify cited regulations and ensure recent and ongoing updates to regulations were reflected in the review.
Summary:
- All 26 reviewed states have oil and gas regulations.
- State regulations vary greatly in scope and detail.
- Regulatory programs can include regulatory parameters such as liner requirements, clear definitions of waste fluids and characterization requirements, operational controls, maintenance, closure, and financial assurance requirements.
- Several areas do not appear to have specific requirements; for example, groundwater monitoring, air monitoring, or post closure monitoring.
- Numerous states have recently updated regulations to include disclosure requirements for the chemicals used in the practice of hydraulic fracturing.
State regulations continue to evolve as hydraulic fracturing issues become more prevalent and additional information becomes available. Below are individual state summaries and a link to a resource for state regulatory programs.
State exploration and production regulation summary
Appendix PA-2
Summary of Oil and Natural Gas Regulations Related to Waste Pits at Hydraulic Fracturing Sites
Pennsylvania
Regulation concerning technical requirements for oil field waste pits are found primarily in Pennsylvania Code, Title 25 (Environmental Protection), Part 1 (Department of Environmental Protection), Subpart C (Protection of Natural Resources), Article I (Land Resources), Chapter 78 (Oil and Gas Wells) and Chapter 91 (General Provisions). Additional language can be found in the PA Act 13 of 2012.
• PA Act 13 of 2012 §3215 prevents wells from being sited in any floodplain if the well is to employ a pit or impoundment or a tank managing solid wastes from oil and gas exploration and production
• PA Act 13 of 2012 §3216 requires that a well site be restored following cessation of drilling operations. This includes restoration of the earthwork or soil disturbed, removal of all drilling supplies and equipment within 9 months after the completion of the drilling well, and compliance with all applicable requirements of the Clean Streams Law. The restoration period is subject to an extension if certain conditions are met.
• § 78.56 details requirements for pits and tanks that are used to manage wastes temporarily. Some requirements include a minimum of 2’ of freeboard for pits or impoundments, structural soundness of pits and tanks, minimum liner requirements, and waste separations and prohibitions.
• § 78.57 details requirements for management of production fluids, including collection of brine and other fluids from the well operations, requirements for pits, removal and disposal of fluids, and restoration of the waste management units or facilities following the closure or cessation of operations.
• § 78.61 details the requirements for disposal of drill cutting, including criteria to be met to allow disposal in a pit, criteria to be met to allow disposal by land application, other methods of disposal of drill cuttings, and compliance requirements for disposal.
• § 78.64 details secondary containment criteria to be met for tanks used on drill sites, including required capacity and inspection requirements.
• § 78.65 details site restoration requirements following the cessation of operations at a well site.
• § 78.301-314 details financial assurance requirements for oil and gas exploration and development, including specific bonding requirements.
• Pennsylvania has proposed regulatory changes to Chapter 78 of the Pennsylvania Administrative Code, Title 25. The public comment period closed in mid-March, 2014. There is currently no schedule to finalization of the proposed regulatory changes.
Voluntary Management Practices for Oil and Gas Exploration and Production Wastes
In concert with the application of state regulatory requirements, there are a variety of voluntary management practice guidance (often referred to in industry as “Best Management Practices,” or “BMPs”) for operators to evaluate and use in the development of site-specific exploration and production waste management plans.
EPA strongly urges operators to evaluate and, as appropriate, employ practices best suited to prevent releases during the generation and management of exploration and production wastes including wastes from hydraulic fracturing. EPA agrees with the statement from the Bureau of Land Management that voluntary management guidance for oil and gas exploration and production wastes should be matched and adapted to meet the site-specific requirements of the project and local environment. Operators should also integrate source reduction and recycling measures into their operations, where practicable.
EPA conducted a literature review/internet search and developed a list of more than 80 publicly available sources of voluntary management practices for oil and gas exploration and production wastes as they relate to pits, tanks, and land application/disposal. From this list, EPA focused on fourteen key documents/websites that are widely used and developed summaries of the pit, tank, and land application-related management practices contained in the fourteen selected sources.
There is much existing guidance developed and being used by industry, federal, state, and non-governmental organizations. The scope ranges from local to state, regional, national, and international. The guidance documents/websites compiled in this review are readily available to the public. In addition, there are ongoing efforts by the various groups to continuously develop additional guidance and improve existing ones.
The report contains six sections:
- introduction
- methodology
- list of publicly available sources of voluntary management practices for oil and gas exploration and production wastes as they relate to pits, tanks, and land application/disposal
- list of selected guidance documents/websites for further analysis
- summaries of the relevant practices in the selected guidance
- our findings
The summaries in Section five contain the following information for each document: sponsoring organization, document/website title, date of publication, website location, general description, and excerpts of the specific sections that concern pits, tanks, and/or land application.
Legislative and Regulatory Timeline for Crude Oil and Natural Gas Waste
This timeline walks through the history of crude oil and natural gas waste regulation since 1976 and includes information such as regulations, proposals, notices, amendments, reports and meetings and site visits conducted.
| Date(s) | Action or Event | Notes on Significance to Crude Oil and Natural Gas Wastes |
| 10/21/1976 | Enactment of Resource Conservation and Recovery Act (RCRA) (117 pp, 662 K, About PDF) | |
| 12/18/1978 | EPA proposes first set of hazardous waste management standards (PDF) (volume 43 of the Federal Register (FR) starting on page 58945) (248 pp, 63 MB, About PDF) | Oil and gas drilling muds and oil production brines are proposed to be designated as one of the six “special wastes”, which are exempt from RCRA Subtitle C regulations |
| 10/12/1980 | Solid Waste Disposal Act Amendments enacted (26 pp, 4.58 MB, About PDF) | Bentsen amendment added: temporarily exempts crude oil and gas waste from hazardous waste regulation until further study is completed |
| 10/31/1983 | EPA misses the statutory deadline for submitting crude oil and gas waste report to Congress | |
| 04/1987 | Deadline for submission is extended to 12/1987 | |
| 12/1987 | EPA submits a three-volume report to Congress | Covers Management of Waste form the Exploration, Development, and Production of Crude Oil, Natural Gas, and Geothermal Energy |
| 07/06/1988 | EPA issues its Regulatory Determination for Oil, Gas, and Geothermal Exploration, Development and Production Wastes | EPA believes that regulation of oil and gas exploration and production wastes under RCRA Subtitle C is not warranted |
| 03/22/1993 | EPA issues Clarification of the Regulatory Determination for Wastes from the Exploration, Development and Production of Crude Oil, Natural Gas and Geothermal Energy | |
| 10/2002 | EPA issues the publication, Exemption of Oil and Gas Exploration and Production Wastes from Federal Hazardous Waste Regulations | |
| 12/2008 | EPA clarifies the regulatory status of spent oil shale generated by above ground retorting or heating of oil shale | |
| 04/2019 | EPA determines that revisions to the federal regulations for the management of wastes associated with the exploration, development and production of crude oil, natural gas and geothermal energy under Subtitle D of RCRA (title 40 of the Code of Federal Regulations in Part 257) are not necessary at this time. This determination fulfills EPA’s obligation under a consent decree issued by a federal court in December of 2016. |
Background on and Implementation of the Bevill and Bentsen Exclusions in the Resource Conservation and Recovery Act: EPA Authorities to Regulate “Special Wastes” (R43149)
August 6, 2013 (14-page PDF)
(Excerpts)
Existing EPA Authority to Regulate Bevill-Bentsen Waste
Existing EPA Authority to Regulate Bevill-Bentsen Waste Two categories of Bevill-Bentsen wastes that have recently drawn national attention include wastewater generated from natural gas production that involves hydraulic fracturing and coal combustion waste (CCW) generated at coal-fired power plants (e.g., “coal ash”). That attention has been due, in part, to changes in the volume or nature of the waste or as a result of risks to human health and the environment associated with improper management of the waste.
The potential for EPA to regulate spent fracking fluid, CCW, or any other Bevill-Bentsen wastes has drawn the attention of some Members of Congress, generally for two opposing reasons: (1) given its current authority under RCRA, EPA may not be able to regulate the waste adequately to address risks associated with its disposal; or (2) given existing state and other federal requirements applicable to the management of the waste, EPA will subject the waste to unnecessary requirements that are costly and burdensome to states and to industry.
“Cradle-to-Grave” Management
RCRA does not identify which wastes are hazardous and therefore subject to Subtitle C regulation. Instead, Congress left that designation to EPA. However, in 1980 amendments to RCRA, several categories of high-volume industrial waste were statutorily excluded from Subtitle C requirements, pending further study by EPA. Commonly referred to as the Bevill and Bentsen amendments, those exclusions are for waste generated from the exploration and production of crude oil or natural gas (“Bentsen waste”), and cement kiln dust, mining and mineral processing waste, and waste from the combustion of coal and other fossil fuels at electric utilities and industrial facilities (“Bevill waste”).
A key reason Bevill-Bentsen wastes were excluded from Subtitle C was because they were generated in tremendous amounts, particularly when compared to other waste intended to be regulated under Subtitle C. That remains the case today. In 2011, all regulated hazardous waste was produced by a total of 16,447 industrial waste generators, and totaled 34.3 million tons. That year, there were 589 coal-fired power plants in the United States. According to industry estimates, such plants generated approximately 130 million tons of coal combustion waste (CCW, a Bevill waste). Other Bevill-Bentsen waste is generated in similarly large quantities.
RCRA Subtitle C Requirements and “Special Waste”
Regulations established under Subtitle C apply only to the management of solid waste identified as hazardous. Under Section 3001, EPA was required to promulgate criteria for identifying the characteristics of hazardous waste and for listing hazardous waste. In developing those criteria, EPA was required to take into account factors including “toxicity, persistence, and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness, and other hazardous characteristics.”
EPA stated that it had limited information about the waste. Information the agency did have indicated it “occurs in very large volumes, that the potential hazards posed by the waste are relatively low…
The Bevill and Bentsen Amendments to Subtitle C
If regulated or explicitly not regulated under Subtitle C, those concerns included the potential cost to industry, given uncertainties of risks associated with such wastes; conflicts with other federal law, such as wastewater treatment requirements being implemented under the Clean Water Act (CWA); and precedent that would be set by giving preferential treatment to certain industries to be exempt from strict Subtitle C requirements.
The Bentsen amendment added Subsection 3001(b)(2), which excludes “drilling fluids, produced waters, and other wastes associated with the exploration, development, and production of crude oil or natural gas or geothermal energy” from Subtitle C requirements.
Both CWA and SDWA requirements apply to the management of some Bevill-Bentsen waste. For example, CWA requires that discharges of pollutants to surface waters (e.g., wastewater discharges to a river, bay, or ocean) must be authorized by a permit issued under the National Pollutant Discharge Elimination System (NPDES) program. Wastewater discharges to publicly owned treatment works (POTWs) are also subject to NPDES permitting requirements. Also, the SDWA regulates subsurface injection of fluids, including wastewater, pursuant to regulations established under the Underground Injection Control (UIC) program.
Recent Attention on Bevill-Bentsen Waste
Since EPA determined that regulation under Subtitle C was not warranted, various stakeholders representing environmental, public health, and industry groups have disagreed over whether the exclusion results in risks to human health and the environment. Those stakeholders, as well as EPA and state regulatory agencies, have disagreed on a wide range of issues, including the level of risk posed by the waste; whether or not existing state or other federal requirements are adequate to address risks associated with the waste; the degree to which there are gaps in local or state regulation of the waste; and whether regulation under Subtitle C is an appropriate mechanism to manage the waste. In recent years, issues common to that debate have been raised with regard to two exclusions from Subtitle C—the Bentsen exclusion for waste generated from natural gas exploration and production (E&P waste), and the Bevill exclusion for CCW.
With regard to E&P waste, the recent increase in the use of hydraulic fracturing to extract natural gas from shale formations has resulted in a dramatic increase in the generation of associated wastewater. Neither the volume nor the nature of wastewater produced during shale gas extraction was considered by EPA in its 1988 regulatory determination for E&P waste. That is not to suggest that Subtitle C requirements necessarily provide the most appropriate mechanism to regulate such wastewater, but rather details specific to the waste as it is currently being produced were not considered when evaluating whether existing state or other federal requirements were adequate to protect human health and the environment from risks associated with managing the waste.
Various stakeholders representing industry, state regulatory agencies, public health, and environmental groups, to name a few, reacted strongly to EPA’s 2010 proposal to subject a Bevill waste to new RCRA requirements. Concerns raised by those stakeholders were also reflected in the reaction from some Members of Congress. For example, some Members expressed concern over the cost to industry and state regulatory agencies, as well as broader impacts to the economy, energy prices, or recycling opportunities. Others have expressed concern that, given the risk associated with improper management, Subtitle C provides EPA with the only available option to establish enforceable national standards to protect human health and the environment from risks associated with the waste. Similarly, EPA’s lack of authority to enforce any regulations it may establish under Subtitle D has led some Members to oppose any proposal to regulate only solid waste disposal facilities that may receive the waste. Other Members have also expressed concern that subjecting industry to regulation, under Subtitle C or D, could prove burdensome to industry by expanding actions potentially subject to citizen suits under RCRA.
EPA Authority Under RCRA Subtitle C
In the future, under its Subtitle C authority, EPA could reverse previous regulatory determinations and promulgate regulations for any Bentsen-Bevill waste. EPA authority to implement those regulations is different under the Bevill and Bentsen amendments. Pursuant to the Bentsen amendment, if EPA determines that Subtitle C regulations are necessary, any regulations the agency may promulgate must be submitted to Congress. Those regulations could take effect, however, only when authorized by an act of Congress.
EPA Authority Under RCRA Subtitle D
Solid waste that does not meet the regulatory definition of a hazardous waste, including solid waste that is explicitly deemed not a hazardous waste (e.g., Bevill-Bentsen waste), is regulated under RCRA Subtitle D.35 In contrast to Subtitle C requirements, Subtitle D regulates only the disposal of solid waste. It does not establish controls governing the transportation, storage, or treatment of such wastes prior to disposal. EPA could potentially draw from its Subtitle D authorities to establish requirements applicable to solid waste disposal facilities that receive a particular Bevill-Bentsen waste. Congress established state and local governments as the primary planning, regulating, and implementing entities responsible for managing solid waste. EPA’s authority to regulate solid waste under Subtitle D is limited.
As noted previously, for each Bevill-Bentsen waste, EPA identified hazardous constituents in the waste and conditions under which those constituents could find a pathway of exposure to humans at levels deemed unsafe. The agency could take an enforcement action under RCRA Section 7003 to require an individual facility to abate conditions that may present an imminent and substantial endangerment to human health or the environment resulting from the past or present handling, storage, treatment, transportation, or disposal of solid waste.
Other federal statutes authorize EPA to take similar enforcement actions to abate conditions that may present an imminent hazard to human health. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is the broadest of these authorities, and may address releases or threatened releases of hazardous substances, pollutants, or contaminants into the environment. Other examples include the CWA, which may address discharges of pollutants into U.S. waters, and the SDWA, which may address the threat of contaminants to public water systems or underground sources of drinking water.
Conclusion
As EPA collects more information on the risks associated with managing Bevill-Bentsen waste and the degree to which state regulatory programs control those risks, the agency may determine that national standards applicable to Bevill or Bentsen wastes are needed. Given the likely opposition to regulating the waste under Subtitle C or D, EPA may use certain other authorities as necessary to protect human health and the environment.
Title: Background on and Implementation of the Bevill and Bentsen Exclusions in the Resource Conservation and Recovery Act: EPA Authorities to Regulate “Special Wastes”
Report#: R43149
Author(s): Linda Luther
Date: August 06, 2013
42 U.S.C. 6921 – Identification and listing of hazardous waste
Title: United States Code, 2018 Edition, Supplement 4, Title 42 – THE PUBLIC HEALTH AND WELFARE
Category: Bills and Statutes
Collection: United States Code
Contained Within: 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
Date: 2022
Laws In Effect As Of Date: January 5, 2023
SUBCHAPTER III—HAZARDOUS WASTE MANAGEMENT
§ 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…
42 U.S.C. 6921 – Identification and listing of hazardous waste (6-page PDF)
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