PUBLIC LAW 102-386—OCT. 6, 1992 106 STAT. 1507 ment for violations of section 3004(j) of the Solid Waste Disposal Act involving storage of mixed waste. (B) With respect to the Department of Energy, the waiver of sovereign immunity referred to in subpciragraph (A) shall not apply after the date that is 3 years after the date of the enactment of this Act for violations of section 3004(j) of such Act involving storage of mixed waste, so long as the Department of Energy is in compliance with both— (i) a plan that has been submitted and approved pursuant to section 3021(b) of the Solid Waste Disposal Act and which is in effect; and (ii) an order requiring compliance with such plan which has been issued pursuant to such section 3021(b) and which is in effect. (4) APPLICATION OF WAIVER TO AGREEMENTS AND ORDERS. — The waiver of sovereign immunity contained in section 6001(a) of the Solid Waste Disposal Act (as added by the amendments made by subsection (a)) shall take effect on the date of the enactment of this Act with respect to any agreement, permit, or administrative or judicial order existing on such date of enactment (and any subsequent modifications to such an agreement, permit, or order), including, without limitation, any provision of an agreement, permit, or order that addresses compliance with section 3004(j) of such Act with respect to mixed waste. (5) AGREEMENT OR ORDER.— Except as provided in paragraph (4), nothing in this Act shall be construed to alter, moaify, or change in any manner any agreement, permit, or administrative or judicial order, including, without limitation, any provision of an agreement, permit, or order— (i) that addresses compliance with section 3004(j) of the Solid Waste Disposal Act with respect to mixed waste; (ii) that is in effect on the date of enactment of this Act; and (iii) to which a department, agency, or instrumentality of the executive branch of the Federal (jovernment is a party. SEC. 103. DEFINITION OF PERSON. Section 1004(15) of the Solid Waste Disposal Act (42 U.S.C. 6903(15)) is amended by adding the following before the period: and shall include each department, agency, and instrumentality of the United States". SEC. 104. FACILITY ENVIRONMENTAL ASSESSMENTS. Section 3007(c) of the Solid Waste Disposal Act (42 U.S.C. 6927(c)) is amended as follows: (1) The first sentence is amended by striking out "Beginning^ and all that follows through "undertake" and inserting in lieu thereof "The Administrator shall undertake". (2) The first sentence is further amended by striking out "Federal agency" and inserting in lieu thereof "department, agency, or instrumentality of the United States". (3) The section is further amended by inserting after the first sentence the following new sentence: "Any State with an authorized hazardous waste program also may conduct an inspection of any such facili^ for purposes of enforcing the facility's compliance with the State hazardous waste program.".
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