42 U.S.C. § 9625: Section 6921(b)(3)(A)(i) waste

Summary

The President must quickly update the hazard-ranking rules in the National Contingency Plan for facilities not on the National Priorities List that hold large amounts of the waste described in section 6921(b)(3)(A)(i) of this title. The new rules must use site-specific facts: how much waste there is and how toxic and concentrated it is; how likely and how much it could be released into the environment; and how big the risk is to people and nature. Until the rules are changed, the President may not put those facilities on the National Priorities List mainly because of the amount of that waste if the review ignores the waste’s concentrations. The President can still list a facility for other hazardous substances or use other legal authorities.

Title 42, §9625

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

(a)Revision of hazard ranking system

This section shall apply only to facilities which are not included or proposed for inclusion on the National Priorities List and which contain substantial volumes of waste described in section 6921(b)(3)(A)(i) of this title. As expeditiously as practicable, the President shall revise the hazard ranking system in effect under the National Contingency Plan with respect to such facilities in a manner which assures appropriate consideration of each of the following site-specific characteristics of such facilities:

(1)The quantity, toxicity, and concentrations of hazardous constituents which are present in such waste and a comparison thereof with other wastes.

(2)The extent of, and potential for, release of such hazardous constituents into the environment.

(3)The degree of risk to human health and the environment posed by such constituents.

(b)Inclusion prohibited

Until the hazard ranking system is revised as required by this section, the President may not include on the National Priorities List any facility which contains substantial volumes of waste described in section 6921(b)(3)(A)(i) of this title on the basis of an evaluation made principally on the volume of such waste and not on the concentrations of the hazardous constituents of such waste. Nothing in this section shall be construed to affect the President’s authority to include any such facility on the National Priorities List based on the presence of other substances at such facility or to exercise any other authority of this chapter with respect to such other substances.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 9601 of this title and Tables.

§9625 Section 6921(b)(3)(a)(i) Waste