§ 6925. — Permits for treatment, storage, or disposal of hazardous waste.
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 42USC6925]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 82--SOLID WASTE DISPOSAL
SUBCHAPTER III--HAZARDOUS WASTE MANAGEMENT
Sec. 6925. Permits for treatment, storage, or disposal of
hazardous waste
(a) Permit requirements
Not later than eighteen months after October 21, 1976, the
Administrator shall promulgate regulations requiring each person owning
or operating an existing facility or planning to construct a new
facility for the treatment, storage, or disposal of hazardous waste
identified or listed under this subchapter to have a permit issued
pursuant to this section. Such regulations shall take effect on the date
provided in section 6930 of this title and upon and after such date the
treatment, storage, or disposal of any such hazardous waste and the
construction of any new facility for the treatment, storage, or disposal
of any such hazardous waste is prohibited except in accordance with such
a permit. No permit shall be required under this section in order to
construct a facility if such facility is constructed pursuant to an
approval issued by the Administrator under section 2605(e) of title 15
for the incineration of polychlorinated biphenyls and any person owning
or operating such a facility may, at any time after operation or
construction of such facility has begun, file an application for a
permit pursuant to this section authorizing such facility to incinerate
hazardous waste identified or listed under this subchapter.
(b) Requirements of permit application
Each application for a permit under this section shall contain such
information as may be required under regulations promulgated by the
Administrator, including information respecting--
(1) estimates with respect to the composition, quantities, and
concentrations of any hazardous waste identified or listed under
this subchapter, or combinations of any such hazardous waste and any
other solid waste, proposed to be disposed of, treated, transported,
or stored, and the time, frequency, or rate of which such waste is
proposed to be disposed of, treated, transported, or stored; and
(2) the site at which such hazardous waste or the products of
treatment of such hazardous waste will be disposed of, treated,
transported to, or stored.
(c) Permit issuance
(1) Upon a determination by the Administrator (or a State, if
applicable), of compliance by a facility for which a permit is applied
for under this section with the requirements of this section and section
6924 of this title, the Administrator (or the State) shall issue a
permit for such facilities. In the event permit applicants propose
modification of their facilities, or in the event the Administrator (or
the State) determines that modifications are necessary to conform to the
requirements under this section and section 6924 of this title, the
permit shall specify the time allowed to complete the modifications.
(2)(A)(i) Not later than the date four years after November 8, 1984,
in the case of each application under this subsection for a permit for a
land disposal facility which was submitted before such date, the
Administrator shall issue a final permit pursuant to such application or
issue a final denial of such application.
(ii) Not later than the date five years after November 8, 1984, in
the case of each application for a permit under this subsection for an
incinerator facility which was submitted before such date, the
Administrator shall issue a final permit pursuant to such application or
issue a final denial of such application.
(B) Not later than the date eight years after November 8, 1984, in
the case of each application for a permit under this subsection for any
facility (other than a facility referred to in subparagraph (A)) which
was submitted before such date, the Administrator shall issue a final
permit pursuant to such application or issue a final denial of such
application.
(C) The time periods specified in this paragraph shall also apply in
the case of any State which is administering an authorized hazardous
waste program under section 6926 of this title. Interim status under
subsection (e) of this section shall terminate for each facility
referred to in subparagraph (A)(ii) or (B) on the expiration of the
five- or eight-year period referred to in subparagraph (A) or (B),
whichever is applicable, unless the owner or operator of the facility
applies for a final determination regarding the issuance of a permit
under this subsection within--
(i) two years after November 8, 1984 (in the case of a facility
referred to in subparagraph (A)(ii)), or
(ii) four years after November 8, 1984 (in the case of a
facility referred to in subparagraph (B)).
(3) Any permit under this section shall be for a fixed term, not to
exceed 10 years in the case of any land disposal facility, storage
facility, or incinerator or other treatment facility. Each permit for a
land disposal facility shall be reviewed five years after date of
issuance or reissuance and shall be modified as necessary to assure that
the facility continues to comply with the currently applicable
requirements of this section and section 6924 of this title. Nothing in
this subsection shall preclude the Administrator from reviewing and
modifying a permit at any time during its term. Review of any
application for a permit renewal shall consider improvements in the
state of control and measurement technology as well as changes in
applicable regulations. Each permit issued under this section shall
contain such terms and conditions as the Administrator (or the State)
determines necessary to protect human health and the environment.
(d) Permit revocation
Upon a determination by the Administrator (or by a State, in the
case of a State having an authorized hazardous waste program under
section 6926 of this title) of noncompliance by a facility having a
permit under this chapter with the requirements of this section or
section 6924 of this title, the Administrator (or State, in the case of
a State having an authorized hazardous waste program under section 6926
of this title) shall revoke such permit.
(e) Interim status
(1) Any person who--
(A) owns or operates a facility required to have a permit under
this section which facility--
(i) was in existence on November 19, 1980, or
(ii) is in existence on the effective date of statutory or
regulatory changes under this chapter that render the facility
subject to the requirement to have a permit under this section,
(B) has complied with the requirements of section 6930(a) of
this title, and
(C) has made an application for a permit under this section,
shall be treated as having been issued such permit until such time as
final administrative disposition of such application is made, unless the
Administrator or other plaintiff proves that final administrative
disposition of such application has not been made because of the failure
of the applicant to furnish information reasonably required or requested
in order to process the application. This paragraph shall not apply to
any facility which has been previously denied a permit under this
section or if authority to operate the facility under this section has
been previously terminated.
(2) In the case of each land disposal facility which has been
granted interim status under this subsection before November 8, 1984,
interim status shall terminate on the date twelve months after November
8, 1984, unless the owner or operator of such facility--
(A) applies for a final determination regarding the issuance of
a permit under subsection (c) of this section for such facility
before the date twelve months after November 8, 1984; and
(B) certifies that such facility is in compliance with all
applicable groundwater monitoring and financial responsibility
requirements.
(3) In the case of each land disposal facility which is in existence
on the effective date of statutory or regulatory changes under this
chapter that render the facility subject to the requirement to have a
permit under this section and which is granted interim status under this
subsection, interim status shall terminate on the date twelve months
after the date on which the facility first becomes subject to such
permit requirement unless the owner or operator of such facility--
(A) applies for a final determination regarding the issuance of
a permit under subsection (c) of this section for such facility
before the date twelve months after the date on which the facility
first becomes subject to such permit requirement; and
(B) certifies that such facility is in compliance with all
applicable groundwater monitoring and financial responsibility
requirements.
(f) Coal mining wastes and reclamation permits
Notwithstanding subsection (a) through (e) of this section, any
surface coal mining and reclamation permit covering any coal mining
wastes or overburden which has been issued or approved under the Surface
Mining Control and Reclamation Act of 1977 [30 U.S.C. 1201 et seq.]
shall be deemed to be a permit issued pursuant to this section with
respect to the treatment, storage, or disposal of such wastes or
overburden. Regulations promulgated by the Administrator under this
subchapter shall not be applicable to treatment, storage, or disposal of
coal mining wastes and overburden which are covered by such a permit.
(g) Research, development, and demonstration permits
(1) The Administrator may issue a research, development, and
demonstration permit for any hazardous waste treatment facility which
proposes to utilize an innovative and experimental hazardous waste
treatment technology or process for which permit standards for such
experimental activity have not been promulgated under this subchapter.
Any such permit shall include such terms and conditions as will assure
protection of human health and the environment. Such permits--
(A) shall provide for the construction of such facilities, as
necessary, and for operation of the facility for not longer than one
year (unless renewed as provided in paragraph (4)), and
(B) shall provide for the receipt and treatment by the facility
of only those types and quantities of hazardous waste which the
Administrator deems necessary for purposes of determining the
efficacy and performance capabilities of the technology or process
and the effects of such technology or process on human health and
the environment, and
(C) shall include such requirements as the Administrator deems
necessary to protect human health and the environment (including,
but not limited to, requirements regarding monitoring, operation,
insurance or bonding, financial reponsibility,\1\ closure, and
remedial action), and such requirements as the Administrator deems
necessary regarding testing and providing of information to the
Administrator with respect to the operation of the facility.
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\1\ So in original. Probably should be ``responsibility''.
The Administrator may apply the criteria set forth in this paragraph in
establishing the conditions of each permit without separate
establishment of regulations implementing such criteria.
(2) For the purpose of expediting review and issuance of permits
under this subsection, the Administrator may, consistent with the
protection of human health and the environment, modify or waive permit
application and permit issuance requirements established in the
Administrator's general permit regulations except that there may be no
modification or waiver of regulations regarding financial responsibility
(including insurance) or of procedures established under section
6974(b)(2) of this title regarding public participation.
(3) The Administrator may order an immediate termination of all
operations at the facility at any time he determines that termination is
necessary to protect human health and the environment.
(4) Any permit issued under this subsection may be renewed not more
than three times. Each such renewal shall be for a period of not more
than 1 year.
(h) Waste minimization
Effective September 1, 1985, it shall be a condition of any permit
issued under this section for the treatment, storage, or disposal of
hazardous waste on the premises where such waste was generated that the
permittee certify, no less often than annually, that--
(1) the generator of the hazardous waste has a program in place
to reduce the volume or quantity and toxicity of such waste to the
degree determined by the generator to be economically practicable;
and
(2) the proposed method of treatment, storage, or disposal is
that practicable method currently available to the generator which
minimizes the present and future threat to human health and the
environment.
(i) Interim status facilities receiving wastes after July 26, 1982
The standards concerning ground water monitoring, unsaturated zone
monitoring, and corrective action, which are applicable under section
6924 of this title to new landfills, surface impoundments, land
treatment units, and waste-pile units required to be permitted under
subsection (c) of this section shall also apply to any landfill, surface
impoundment, land treatment unit, or waste-pile unit qualifying for the
authorization to operate under subsection (e) of this section which
receives hazardous waste after July 26, 1982.
(j) Interim status surface impoundments
(1) Except as provided in paragraph (2), (3), or (4), each surface
impoundment in existence on November 8, 1984, and qualifying for the
authorization to operate under subsection (e) of this section shall not
receive, store, or treat hazardous waste after the date four years after
November 8, 1984, unless such surface impoundment is in compliance with
the requirements of section 6924(o)(1)(A) of this title which would
apply to such impoundment if it were new.
(2) Paragraph (1) of this subsection shall not apply to any surface
impoundment which (A) has at least one liner, for which there is no
evidence that such liner is leaking; (B) is located more than one-
quarter mile from an underground source of drinking water; and (C) is in
compliance with generally applicable ground water monitoring
requirements for facilities with permits under subsection (c) of this
section.
(3) Paragraph (1) of this subsection shall not apply to any surface
impoundment which (A) contains treated waste water during the secondary
or subsequent phases of an aggressive biological treatment facility
subject to a permit issued under section 1342 of title 33 (or which
holds such treated waste water after treatment and prior to discharge);
(B) is in compliance with generally applicable ground water monitoring
requirements for facilities with permits under subsection (c) of this
section; and (C)(i) is part of a facility in compliance with section
1311(b)(2) of title 33, or (ii) in the case of a facility for which no
effluent guidelines required under section 1314(b)(2) of title 33 are in
effect and no permit under section 1342(a)(1) of title 33 implementing
section 1311(b)(2) of title 33 has been issued, is part of a facility in
compliance with a permit under section 1342 of title 33, which is
achieving significant degradation of toxic pollutants and hazardous
constituents contained in the untreated waste stream and which has
identified those toxic pollutants and hazardous constituents in the
untreated waste stream to the appropriate permitting authority.
(4) The Administrator (or the State, in the case of a State with an
authorized program), after notice and opportunity for comment, may
modify the requirements of paragraph (1) for any surface impoundment if
the owner or operator demonstrates that such surface impoundment is
located, designed and operated so as to assure that there will be no
migration of any hazardous constitutent \2\ into ground water or surface
water at any future time. The Administrator or the State shall take into
account locational criteria established under section 6924(o)(7) of this
title.
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\2\ So in original. Probably should be ``constituent''.
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(5) The owner or operator of any surface impoundment potentially
subject to paragraph (1) who has reason to believe that on the basis of
paragraph (2), (3), or (4) such surface impoundment is not required to
comply with the requirements of paragraph (1), shall apply to the
Administrator (or the State, in the case of a State with an authorized
program) not later than twenty-four months after November 8, 1984, for a
determination of the applicability of paragraph (1) (in the case of
paragraph (2) or (3)) or for a modification of the requirements of
paragraph (1) (in the case of paragraph (4)), with respect to such
surface impoundment. Such owner or operator shall provide, with such
application, evidence pertinent to such decision, including:
(A) an application for a final determination regarding the
issuance of a permit under subsection (c) of this section for such
facility, if not previously submitted;
(B) evidence as to compliance with all applicable ground water
monitoring requirements and the information and analysis from such
monitoring;
(C) all reasonably ascertainable evidence as to whether such
surface impoundment is leaking; and
(D) in the case of applications under paragraph (2) or (3), a
certification by a registered professional engineer with academic
training and experience in ground water hydrology that--
(i) under paragraph (2), the liner of such surface
impoundment is designed, constructed, and operated in accordance
with applicable requirements, such surface impoundment is more
than one-quarter mile from an underground source of drinking
water and there is no evidence such liner is leaking; or
(ii) under paragraph (3), based on analysis of those toxic
pollutants and hazardous constituents that are likely to be
present in the untreated waste stream, such impoundment
satisfies the conditions of paragraph (3).
In the case of any surface impoundment for which the owner or operator
fails to apply under this paragraph within the time provided by this
paragraph or paragraph (6), such surface impoundment shall comply with
paragraph (1) notwithstanding paragraph (2), (3), or (4). Within twelve
months after receipt of such application and evidence and not later than
thirty-six months after November 8, 1984, and after notice and
opportunity to comment, the Administrator (or, if appropriate, the
State) shall advise such owner or operator on the applicability of
paragraph (1) to such surface impoundment or as to whether and how the
requirements of paragraph (1) shall be modified and applied to such
surface impoundment.
(6)(A) In any case in which a surface impoundment becomes subject to
paragraph (1) after November 8, 1984, due to the promulgation of
additional listings or characteristics for the identification of
hazardous waste under section 6921 of this title, the period for
compliance in paragraph (1) shall be four years after the date of such
promulgation, the period for demonstrations under paragraph (4) and for
submission of evidence under paragraph (5) shall be not later than
twenty-four months after the date of such promulgation, and the period
for the Administrator (or if appropriate, the State) to advise such
owners or operators under paragraph (5) shall be not later than thirty-
six months after the date of promulgation.
(B) In any case in which a surface impoundment is initially
determined to be excluded from the requirements of paragraph (1) but due
to a change in condition (including the existence of a leak) no longer
satisfies the provisions of paragraph (2), (3), or (4) and therefore
becomes subject to paragraph (1), the period for compliance in paragraph
(1) shall be two years after the date of discovery of such change of
condition, or in the case of a surface impoundment excluded under
paragraph (3) three years after such date of discovery.
(7)(A) The Administrator shall study and report to the Congress on
the number, range of size, construction, likelihood of hazardous
constituents migrating into ground water, and potential threat to human
health and the environment of existing surface impoundments excluded by
paragraph (3) from the requirements of paragraph (1). Such report shall
address the need, feasibility, and estimated costs of subjecting such
existing surface impoundments to the requirements of paragraph (1).
(B) In the case of any existing surface impoundment or class of
surface impoundments from which the Administrator (or the State, in the
case of a State with an authorized program) determines hazardous
constituents are likely to migrate into ground water, the Administrator
(or if appropriate, the State) is authorized to impose such requirements
as may be necessary to protect human health and the environment,
including the requirements of section 6924(o) of this title which would
apply to such impoundments if they were new.
(C) In the case of any surface impoundment excluded by paragraph (3)
from the requirements of paragraph (1) which is subsequently determined
to be leaking, the Administrator (or, if appropriate, the State) shall
require compliance with paragraph (1), unless the Administrator (or, if
appropriate, the State) determines that such compliance is not necessary
to protect human health and the environment.
(8) In the case of any surface impoundment in which the liners and
leak detection system have been installed pursuant to the requirements
of paragraph (1) and in good faith compliance with section 6924(o) of
this title and the Administrator's regulations and guidance documents
governing liners and leak detection systems, no liner or leak detection
system which is different from that which was so installed pursuant to
paragraph (1) shall be required for such unit by the Administrator when
issuing the first permit under this section to such facility. Nothing in
this paragraph shall preclude the Administrator from requiring
installation of a new liner when the Administrator has reason to believe
that any liner installed pursuant to the requirements of this subsection
is leaking.
(9) In the case of any surface impoundment which has been excluded
by paragraph (2) on the basis of a liner meeting the definition under
paragraph (12)(A)(ii), at the closure of such impoundment the
Administrator shall require the owner or operator of such impoundment to
remove or decontaminate all waste residues, all contaminated liner
material, and contaminated soil to the extent practicable. If all
contaminated soil is not removed or decontaminated, the owner or
operator of such impoundment shall be required to comply with
appropriate post-closure requirements, including but not limited to
ground water monitoring and corrective action.
(10) Any incremental cost attributable to the requirements of this
subsection or section 6924(o) of this title shall not be considered by
the Administrator (or the State, in the case of a State with an
authorized program under section 1342 of title 33)--
(A) in establishing effluent limitations and standards under
section 1311, 1314, 1316, 1317, or 1342 of title 33 based on
effluent limitations guidelines and standards promulgated any time
before twelve months after November 8, 1984; or
(B) in establishing any other effluent limitations to carry out
the provisions of section 1311, 1317, or 1342 of title 33 on or
before October 1, 1986.
(11)(A) If the Administrator allows a hazardous waste which is
prohibited from one or more methods of land disposal under subsection
(d), (e), or (g) of section 6924 of this title (or under regulations
promulgated by the Administrator under such subsections) to be placed in
a surface impoundment (which is operating pursuant to interim status)
for storage or treatment, such impoundment shall meet the requirements
that are applicable to new surface impoundments under section 6924(o)(1)
of this title, unless such impoundment meets the requirements of
paragraph (2) or (4).
(B) In the case of any hazardous waste which is prohibited from one
or more methods of land disposal under subsection (d), (e), or (g) of
section 6924 of this title (or under regulations promulgated by the
Administrator under such subsection) the placement or maintenance of
such hazardous waste in a surface impoundment for treatment is
prohibited as of the effective date of such prohibition unless the
treatment residues which are hazardous are, at a minimum, removed for
subsequent management within one year of the entry of the waste into the
surface impoundment.
(12)(A) For the purposes of paragraph (2)(A) of this subsection, the
term ``liner'' means--
(i) a liner designed, constructed, installed, and operated to
prevent hazardous waste from passing into the liner at any time
during the active life of the facility; or
(ii) a liner designed, constructed, installed, and operated to
prevent hazardous waste from migrating beyond the liner to adjacent
subsurface soil, ground water, or surface water at any time during
the active life of the facility.
(B) For the purposes of this subsection, the term ``aggressive
biological treatment facility'' means a system of surface impoundments
in which the initial impoundment of the secondary treatment segment of
the facility utilizes intense mechanical aeration to enhance biological
activity to degrade waste water pollutants and
(i) the hydraulic retention time in such initial impoundment is
no longer than 5 days under normal operating conditions, on an
annual average basis;
(ii) the hydraulic retention time in such initial impoundment is
no longer than thirty days under normal operating conditions, on an
annual average basis: Provided, That the sludge in such impoundment
does not constitute a hazardous waste as identified by the
extraction procedure toxicity characteristic in effect on November
8, 1984; or
(iii) such system utilizes activated sludge treatment in the
first portion of secondary treatment.
(C) For the purposes of this subsection, the term ``underground
source or \3\ drinking water'' has the same meaning as provided in
regulations under the Safe Drinking Water Act (title XIV of the Public
Health Service Act [42 U.S.C. 300f et seq.]).
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\3\ So in original. Probably should be ``of''.
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(13) The Administrator may modify the requirements of paragraph (1)
in the case of a surface impoundment for which the owner or operator,
prior to October 1, 1984, has entered into, and is in compliance with, a
consent order, decree, or agreement with the Administrator or a State
with an authorized program mandating corrective action with respect to
such surface impoundment that provides a degree of protection of human
health and the environment which is at a minimum equivalent to that
provided by paragraph (1).
(Pub. L. 89-272, title II, Sec. 3005, as added Pub. L. 94-580, Sec. 2,
Oct. 21, 1976, 90 Stat. 2808; amended Pub. L. 95-609, Sec. 7(h), Nov. 8,
1978, 92 Stat. 3082; Pub. L. 96-482, Secs. 10, 11, Oct. 21, 1980, 94
Stat. 2338; Pub. L. 98-616, title II, Secs. 211-213(a), (c), 214(a),
215, 224(b), 243(c), Nov. 8, 1984, 98 Stat. 3240-3243, 3253, 3261; Pub.
L. 104-119, Sec. 4(6), (7), Mar. 26, 1996, 110 Stat. 833.)
References in Text
The Surface Mining Control and Reclamation Act of 1977, referred to
in subsec. (f), is Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445, as
amended, which is classified generally to chapter 25 (Sec. 1201 et seq.)
of Title 30, Mineral Lands and Mining. For complete classification of
this Act to the Code, see Short Title note set out under section 1201 of
Title 30 and Tables.
The Safe Drinking Water Act, referred to in subsec. (j)(12)(C), is
title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-523,
Sec. 2(a), 88 Stat. 1660, as amended, which is classified generally to
subchapter XII (Sec. 300f et seq.) of chapter 6A of this title. For
complete classification of this Act to the Code see Short Title note set
out under section 201 of this title and Tables.
Amendments
1996--Subsec. (a). Pub. L. 104-119, Sec. 4(6), substituted
``polychlorinated'' for ``polycholorinated''.
Subsec. (e)(1)(C). Pub. L. 104-119, Sec. 4(7), inserted comma at end
of subpar. (C).
1984--Subsec. (a). Pub. L. 98-616, Sec. 211, substituted ``an
existing facility or planning to construct a new'' for ``a'', inserted
``and the construction of any new facility for the treatment, storage,
or disposal of any such hazardous waste'', and inserted at end ``No
permit shall be required under this section in order to construct a
facility if such facility is constructed pursuant to an approval issued
by the Administrator under section 2605(e) of title 15 for the
incineration of polycholorinated [sic] biphenyls and any person owning
or operating such a facility may, at any time after operation or
construction of such facility has begun, file an application for a
permit pursuant to this section authorizing such facility to incinerate
hazardous waste identified or listed under this subchapter.''
Subsec. (c)(1), (2). Pub. L. 98-616, Sec. 213(c), designated
existing provisions as par. (1) and added par. (2).
Subsec. (c)(3). Pub. L. 98-616, Sec. 212, added par. (3).
Subsec. (e). Pub. L. 98-616, Sec. 213(a), designated existing
provisions as par. (1), redesignated former pars. (1), (2), and (3)
thereof as subpars. (A), (B), and (C), respectively, designated existing
provisions of previously redesignated subpar. (A) as cl. (i) and added
cl. (ii), inserted ``This paragraph shall not apply to any facility
which has been previously denied a permit under this section or if
authority to operate the facility under this section has been previously
terminated.'' to closing provisions of par. (1), and added pars. (2) and
(3).
Subsec. (g). Pub. L. 98-616, Sec. 214(a), added subsec. (g).
Subsec. (h). Pub. L. 98-616, Sec. 224(b), added subsec. (h).
Subsec. (i). Pub. L. 98-616, Sec. 243(c), added subsec. (i).
Subsec. (j). Pub. L. 98-616, Sec. 215, added subsec. (j).
1980--Subsec. (e)(1). Pub. L. 96-482, Sec. 10, substituted
``November 19, 1980'' for ``October 21, 1976''.
Subsec. (f). Pub. L. 96-482, Sec. 11, added subsec. (f).
1978--Subsec (a). Pub. L. 95-609 inserted ``treatment, storage, or''
after ``and after such date the''.
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, see note set out under section 6903 of this title.
Section Referred to in Other Sections
This section is referred to in sections 6921, 6924, 6926, 6927,
6928, 6933, 6935, 6936, 6937, 6939a, 6945, 6974, 6976, 7429, 9601, 9607,
9620, 9621, 9622 of this title; title 10 section 2702; title 26 sections
4662, 9507.