§6939c Mixed Waste Inventory Reports and Plan

Summary

The Energy Department must send two national reports within 180 days after October 6, 1992. One report must list every mixed waste the Department stores or makes, state by state, and give key facts about each waste: the waste name and source, how much is stored now, how much is expected in the next 5 years, any waste-reduction steps taken, which wastes have been tested and their hazardous waste codes, which wastes have not been tested, how hazardous codes were decided (testing or process knowledge), which treatment methods are required for wastes that cannot be land‑disposed, and whether radioactivity changes how those treatments work. The second report must describe treatment capacity and technology: how much treatment is available for each waste, the treatment units used to estimate capacity (their type, number, size, and location), any other units that could be used (and why they were not counted), proposed new treatment units (with capacity and start dates), and, for wastes with no current treatment, the evidence for that conclusion and what new technologies would be needed. The EPA and each State that got the reports have 90 days to send comments to the Energy Department, and they can ask for more information. For each DOE facility that stores or makes mixed waste (unless the facility is already covered by a permit, agreement, or order), the Energy Department must make and submit a plan to develop the needed treatment capacity and technology to meet federal treatment standards. Plans must give schedules for permits, contracts, construction, testing, startup, and processing backlog for wastes with existing technology. For wastes without current technology, plans must give schedules to identify and develop technology, funding needs, and permit steps for testing and research. If the plan would separate radioactive materials, it must estimate waste volumes and compare treatment and disposal costs with and without separation, showing the assumptions used. Plans can use on-site, regional, or centralized treatment. If a State has the legal power and EPA authorization to control land disposal and hazardous parts, the plan goes to that State for review; otherwise it goes to the EPA. The State or EPA must decide within 6 months, must consult other States and consider public comments, and must make the plan available to the public when it is submitted. Approved plans become enforceable orders. The Secretary must publish a plan schedule within 6 months after October 6, 1992, and send progress reports to Congress at 12, 24, and 36 months after October 6, 1992 describing plans submitted, review status, orders in effect, and (for the first two reports) plans expected in the next 12 months. A State may waive the plan requirement by making an agreement with the Department and issuing an order; violations of such agreements can be enforced under federal law.