Page:United States Statutes at Large Volume 98 Part 3.djvu/856

 98 STAT. 3228

42 USC 6921.

42 USC 9604, 9606. Prohibition.

PUBLIC LAW 98-616—NOV. 8, 1984

lations promulgated under subsection (m)), unless, upon application by an interested person, it has been demonstrated to the Administrator, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit or injection zone for as long as the wastes remain hazardous. "(2) Paragraph (1) applies to the following hazardous wastes listed or identified under section 3001: "(A) Liquid hazardous wastes, including free liquids associated with any solid or sludge, containing free cyanides at concentrations greater than or equal to 1,000 mg/1. "(B) Liquid hazardous wastes, including free liquids associated with any solid or sludge, containing the following metals (or elements) or compounds of these metals (or elements) at concentrations greater than or equal to those specified below: "(i) arsenic and/or compounds (as As) 500 mg/1; "(ii) cadmium and/or compounds (as Cd) 100 mg/1; "(iii) chromium (VI and/or compounds (as Cr VI)) 500 mg/1; "(iv) lead and/or compounds (as Pb) 500 mg/1; "(v) mercury and/or compounds (as Hg) 20 mg/1; "(vi) nickel and/or compounds (as Ni) 134 mg/1; "(vii) selenium and/or compounds (as Se) 100 mg/1; and "(viii) thallium and/or compounds (as Th) 130 mg/1. "(C) Liquid hazardous waste having a pH less than or equal to two (2.0). "(D) Liquid hazardous wastes containing polychlorinated biphenyls at concentrations greater than or equal to 50 ppm. "(E) Hazardous wastes containing halogenated organic compounds in total concentration greater than or equal to 1,000 mg/kg. When necessary to protect human health and the environment, the Administrator shall substitute more stringent concentration levels than the levels specified in subparagraphs (A) through (E). "(3) During the period ending forty-eight months after the date of the enactment of the Hazardous and Solid Wsiste Amendments of 1984, this subsection shall not apply to any disposal of contaminated soil or debris resulting from a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or a corrective action required under this subtitle. "(e) SOLVENTS AND DioxiNS.—(1) Effective twenty-four months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984 (except as provided in subsection (f) with respect to underground injection into deep injection wells), the land disposal of the hazardous wastes referred to in paragraph (2) is prohibited unless the Administrator determines the prohibition of one or more methods of land disposal of such waste is not required in order to protect human health and the environment for as long as the waste remains hazardous, taking into account the factors referred to in subparagraph (A) through (C) of subsection (d)(D. For the purposes of this paragraph, a method of land disposal may not be determined to be protective of human health and the environment for a hazardous waste referred to in paragraph (2) (other than a hazardous waste which has complied with the pretreatment regulations promulgated under subsection (m)), unless upon application by an interested person it has been demonstrated to the Administrator, to a reasonable degree of certainty, that there will be no

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