PRIA, Government Policy, Made Personal

Summary

The Administrator can make rules and work with federal, state, and regional partners to manage solid and hazardous waste. The Administrator can share information with other federal agencies doing research, give technical and financial help to states or regions for waste plans, talk with scientists, industry, labor, and public groups, and use other federal agencies’ staff and facilities (including NIST and the Census Bureau) if those agencies are paid back. The Administrator may also let the Secretary of Transportation handle inspections or enforcement about moving hazardous waste when that prevents needless overlap and fits the law’s goals and chapter 51 of title 49. All rules the Administrator makes must be checked and updated at least once every three years. The Administrator and designated EPA agents can start and run criminal investigations under this law and send findings to the Attorney General for prosecution when needed.

Title 42, §6912

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Authorities

In carrying out this chapter, the Administrator is authorized to—

(1)prescribe, in consultation with Federal, State, and regional authorities, such regulations as are necessary to carry out his functions under this chapter;

(2)consult with or exchange information with other Federal agencies undertaking research, development, demonstration projects, studies, or investigations relating to solid waste;

(3)provide technical and financial assistance to States or regional agencies in the development and implementation of solid waste plans and hazardous waste management programs;

(4)consult with representatives of science, industry, agriculture, labor, environmental protection and consumer organizations, and other groups, as he deems advisable;

(5)utilize the information, facilities, personnel and other resources of Federal agencies, including the National Institute of Standards and Technology and the National Bureau of the Census, on a reimbursable basis, to perform research and analyses and conduct studies and investigations related to resource recovery and conservation and to otherwise carry out the Administrator’s functions under this chapter; and

(6)to delegate to the Secretary of Transportation the performance of any inspection or enforcement function under this chapter relating to the transportation of hazardous waste where such delegation would avoid unnecessary duplication of activity and would carry out the objectives of this chapter and of chapter 51 of title 49.

(b)Revision of regulations

Each regulation promulgated under this chapter shall be reviewed and, where necessary, revised not less frequently than every three years.

(c)Criminal investigations

In carrying out the provisions of this chapter, the Administrator, and duly-designated agents and employees of the Environmental Protection Agency, are authorized to initiate and conduct investigations under the criminal provisions of this chapter, and to refer the results of these investigations to the Attorney General for prosecution in appropriate cases.

Notes & Related Subsidiaries

Editorial Notes

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

Amendments

1988—Subsec. (a)(5). Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”. 1984—Subsec. (c). Pub. L. 98–616 added subsec. (c). 1980—Subsec. (a)(6). Pub. L. 96–482 added par. (6).

Executive Documents

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, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.

§6912 Authorities of Administrator