42 U.S.C. § 6912
Authorities of Administrator
Each regulation promulgated under this chapter shall be reviewed and, where necessary, revised not less frequently than every three years.
In carrying out the provisions of this chapter, the Administrator, and duly-designated agents and employees of the Environmental Protection Agency, are authorized to initiate and conduct investigations under the criminal provisions of this chapter, and to refer the results of these investigations to the Attorney General for prosecution in appropriate cases.
In subsec. (a)(6), “chapter 51 of title 49” substituted for “the Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et seq.]” on authority of Pub. L. 103–272, § 6(b),
1988—Subsec. (a)(5). Pub. L. 100–418 substituted “National Institute of Standards and Technology” for “National Bureau of Standards”.
1984—Subsec. (c). Pub. L. 98–616 added subsec. (c).
1980—Subsec. (a)(6). Pub. L. 96–482 added par. (6).
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, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1983–2021 · leading case: Util. Solid Waste Activities Grp. v. Envtl. Prot. Agency, 901 F.3d 414 (D.C. Cir. 2018).
Util. Solid Waste Activities Grp. v. Envtl. Prot. Agency, 901 F.3d 414 (D.C. Cir. 2018). “Notwithstanding that broad assignment of regulatory authority, see 42 U.S.C. § 6912 , Industry Petitioners argue that "inactive" impoundments-sites that contain, but no longer receive new, solid waste-cannot be "open dumps" within the EPA's regulatory ambit.”
Appalachian Voices v. McCarthy, 989 F. Supp. 2d 30 (D.D.C. 2013). “” Resource Conservation and Recovery Act of 1976 § 2002(a)(1), 42 U.S.C. § 6912 (a)(1). The RCRA further provides that “[e]ach regulation promulgated under this Act shall be reviewed and, where necessary, revised not less frequently than every three years.”
Ctr. for Biological Diversity v. Zinke, 260 F. Supp. 3d 11 (D.D.C. 2017). “2d at 54 (alteration in original) (emphasis omitted) (quoting 42 U.S.C. § 6912 (b)).”
N. Illinois Gas Co. v. City of Evanston, 162 F. Supp. 3d 654 (N.D. Ill. 2016). “Accordingly, one cannot discern from the plain language of Section 6903(26) whether an uncontained gas, such as methane, qualifies as a RCRA solid waste.”
Env't Integrity Proj. v. McCarthy, 319 F.R.D. 8 (D.C. Cir. 2016). “¶ 4 (citing 42 U.S.C. § 6912 (b)). Second, they claim the Administrator was required to review the state guidelines not less frequently than every three years, and revise them as may be appropriate.”
Wyckoff Co. v. Env't Prot. Agency, the United States of Am., & the Washington State Dep't of Ecology, 796 F.2d 1197 (9th Cir. 1986). “See 42 U.S.C. § 6912 (a). The EPA orders that Wyckoff challenges were issued in August 1984 pursuant to section 3013 of the Act, which provides: If the Administrator determines, upon receipt of any information, that— (1) the presence of any hazardous waste at a facility or site…”
Jumper Dev. Grp. v. Kahn (In re Hemingway Transp., Inc.), 108 B.R. 378 (D. Mass. 1989). “stance” as follows: The term “hazardous substance” means (A) any substance designated pursuant to section 1321(b)(2)(A) of Title 33, (B) any element, compound, mixture, solution, or substance designated pursuant to section 9602 of this title, (C) any hazardous waste having the…”
Clean Harbors Servs., Inc. v. Ill. Int'l, 309 F. Supp. 3d 556 (E.D. Ill. 2018). “2003) (a failure to refer to a degreaser system as "underground" did not fail to meet the notice requirements because it provided enough information to inform the violator of the non-compliance). Further, Congress has authorized the EPA to oversee the implementation of the RCRA…”
AES Puerto Rico, L.P. v. Trujillo-Panisse, 199 F. Supp. 3d 492 (D.P.R. 2016). “The Puerto Rico EQB and Federal EPA The EPA, the agency responsible for monitoring and regulating solid waste throughout the United States, RCRA, 42 U.S.C. § 6912 (a)(1), notes that it is possible to use or dispose of OCRs in a RCRA Subtitle D-compliant sanitary landfill “in a…”
Walls v. Waste Resource Corp., 761 F.2d 311 (6th Cir. 1985). “§ 6972 (c), suit may be brought against the Administrator immediately after notice is given provided the action alleges violation of the Hazardous Waste Management provisions, 42 U.S.C. § 6912 et seq., while under 33 U.”
United States v. S. Union Co., 643 F. Supp. 2d 201 (D.R.I. 2009). “See 42 U.S.C. §§ 6912 (a), 6926, 6947, 6974(b).”
Ada-Cascade Watch Co. v. Cascade Resource Recovery, Inc., 720 F.2d 897 (6th Cir. 1983). “As the Department of Justice points out in its brief as amicus curiae, section 6972(c) contains an explicit exception to the sixty-day notice requirement, an exception that authorizes an action against the Administrator immediately after notice is given, provided the action…”
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