Sec. 9. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS

516 words·~2 min read·/statute-compilations/comps-1650/sec-9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 9 COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS ###

(a)In General ####

(1)Applicability Beginning on the date of the enactment of this Act, the Secretary shall comply with respect to WIPP, with— #####

(A)the regulations issued by the Administrator establishing the generally applicable environmental standards for the management and storage of spent nuclear fuel, high-level radioactive waste, and transuranic radioactive waste and contained in subpart A of part 191 of title 40, Code of Federal Regulations; #####

(B)the Clean Air Act (40 U.S.C. 7401 et seq.); #####

(C)the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); #####

(D)title XIV of the Public Health Service Act (42 U.S.C. 300f et seq.; commonly referred to as the “Safe Drinking Water Act”); #####

(E)the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); #####

(F)the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); #####

(G)all other applicable Federal laws pertaining to public health and safety or the environment; and #####

(H)all regulations promulgated, and all permit requirements, under the laws described in subparagraphs

(B)through (G). With respect to transuranic mixed waste designated by the Secretary for disposal at WIPP, such waste is exempt from treatment standards promulgated pursuant to section 3004(m) of the Solid Waste Disposal Act (42 U.S.C. 6924(m)) and shall not be subject to the land disposal prohibitions in section 3004(d), (e), (f), and

(g)of the Solid Waste Disposal Act. ####

(2)Periodic oversight by administrator and state The Secretary shall, not later than 2 years after the date of the enactment of this Act, and biennially thereafter, submit documentation of continued compliance with the laws, regulations, and permit requirements described in paragraph

(1)to the Administrator, and, with the law described in paragraph (1)(C), to the State. ####

(3)Determination by administrator or state The Administrator or the State, as appropriate, shall determine not later than 6 months after receiving a submission under paragraph

(2)whether the Secretary is in compliance with the laws, regulations, and permit requirements described in paragraph

(1)with respect to WIPP. ### (c)1 Determination of Noncompliance During Disposal Phase and Decommissioning Phase #### (1)1 Determination by the administrator If the Administrator determines at any time during the disposal phase or decommissioning phase that the WIPP facility does not comply with any law, regulation, or permit requirement described in subsection (a)(1), the Administrator shall request a remedial plan from the Secretary describing actions the Secretary will take to comply with such law, regulation, or permit requirement. 1Subsection

(b)repealed by section 3188(b) of P.L. 104–201 (110 Stat. 2853). Subsection (c)(2) repealed by section 3188(c) of such Act. ###

(d)Savings Provision The authorities provided to the Administrator and to the State pursuant to this section are in addition to the enforcement authorities available to the State pursuant to State law and to the Administrator, the State, and any other person, pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and the Clean Air Act (40 U.S.C. 7401 et seq.).

Connectionstraces to 5

Traces to 5 documents

U.S. Code

2 references not yet in our index