Page:United States Statutes at Large Volume 106 Part 2.djvu/631

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PUBLIC LAW 102-386—OCT. 6, 1992 106 STAT. 1511 review and approval, modification, or disapproval. A copy of the plan also shall be provided by the Secretary to the State in which such facility is located. In reviewing the plan, the Administrator shall consider the need for regional treatment facilities. The Administrator shall consult with the State or States in which any facility affected by the plan is located and consider public comments in making a determination on the plan. The Administrator shall approve, approve with modifications, or disapprove the plan within 6 months after receipt of the plan. (C) Upon the approval of a plan under this paragraph by the Administrator or a State, the Administrator shall issue an order under section 3008(a), or the State shall issue an order under appropriate State authority, requiring compliance with the approved plan. "(3) PUBLIC PARTiciPATiON.Upon Submission of a plan by the Secretary of Energy to the Administrator or a State, and before approval of the plan by the Administrator or a State, the Administrator or State shall publish a notice of the availability of the submitted plan and make such submitted plan available to the public on request. "(4) REVISIONS OF PLAN.—I f any revisions of an approved plan are proposed by the Secretary of Energy or required by the Administrator or a State, the provisions of p£u*agraphs (2) and (3) shall apply to the revisions in the same manner as they apply to the original plan. "(5) WAIVER OF PLAN REQUIREMENT.—(A) A State may waive the requirement for the Secretary of Energy to develop and submit a plan under this subsection for a facility located in the State if the State (i) enters into an agreement with the Secretary of Energy that addresses compliance at that facility with section 3004^) with respect to mixed waste, and (ii) issues an order requiring complisince with such agreement and which is in effect. "(B) Any violation of an agreement or order referred to in subparagraph (A) is subject to the waiver of sovereign immunity contained in section 6001(a).

    • (c) SCHEDULE AND PROGRESS REPORTS. —

"(1) SCHEDULE.—Not later than 6 months after the date Federal of the enactment of the Federal Facility Compliance Act of ^^^^[io^ 1992, the Secretary of Ener^ shall publish in the Federal ^" Register a schedule for submitting the plans required under subsection (b). "(2) PROGRESS REPORTS. —(A) Not later than the deadlines specified in subparagraph (B), the Secretary of Energy shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a progress report containing the following: "(i) An identification, by facility, of the plans that have been submitted to States or the Administrator of the Environmental Protection Agency pursuant to subsection (b). "(ii) The status of State and Environmental Protection Agency review and approval of each such plsm. "(iii) The number of orders requiring compliance with such plans that are in effect.