Title 42 — The Public Health and Welfare
Chapter 82 — Solid Waste Disposal
§ 6923. Standards applicable to transporters of hazardous waste
Statutory text
Standards
Not later than eighteen months after , and after opportunity for public hearings, the Administrator, after consultation with the Secretary of Transportation and the States, shall promulgate regulations establishing such standards, applicable to transporters of hazardous waste identified or listed under this subchapter, as may be necessary to protect human health and the environment. Such standards shall include but need not be limited to requirements respecting—
recordkeeping concerning such hazardous waste transported, and their source and delivery points;
transportation of such waste only if properly labeled;
compliance with the manifest system referred to in section 6922(5) 1 of this title; and
transportation of all such hazardous waste only to the hazardous waste treatment, storage, or disposal facilities which the shipper designates on the manifest form to be a facility holding a permit issued under this subchapter, or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052) [33 U.S.C. 1411 et seq.].
Coordination with regulations of Secretary of Transportation
In case of any hazardous waste identified or listed under this subchapter which is subject to chapter 51 of title 49, the regulations promulgated by the Administrator under this section shall be consistent with the requirements of such Act and the regulations thereunder. The Administrator is authorized to make recommendations to the Secretary of Transportation respecting the regulations of such hazardous waste under the Hazardous Materials Transportation Act and for addition of materials to be covered by such Act.
Fuel from hazardous waste
Not later than two years after , and after opportunity for public hearing, the Administrator shall promulgate regulations establishing standards, applicable to transporters of fuel produced (1) from any hazardous waste identified or listed under section 6921 of this title, or (2) from any hazardous waste identified or listed under section 6921 of this title and any other material, as may be necessary to protect human health and the environment. Such standards may include any of the requirements set forth in paragraphs (1) through (4) of subsection (a) as may be appropriate.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 89–272 title II § 3003 · 79 Stat. 992
Enacted · 42 U.S.C. § 6923
Pub. L. 89–272, title II, § 3003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2807
Source evidence
Code source credit
Pub. L. 89–272, title II, § 3003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2807Pub. L. 95–609 § 7(g)(1) · 92 Stat. 3079
Inserted · 42 U.S.C. § 6923(a)(4)
Pub. L. 95–609, § 7(g)(1), inserted provision relating to title I of the Marine Protection, Research, and Sanctuaries Act
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 95–609, § 7(g)(1), inserted provision relating to title I of the Marine Protection, Research, and Sanctuaries Act.Enacted provision · exact public law section
(1) revising subsection (a) (4) by striking out the period after “subtitle” and substituting a comma, and by adding at the end thereof “or pursuant to title I of the Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052).”; andPub. L. 95–609 § 7(g)(2) · 92 Stat. 3079
Substituted · 42 U.S.C. § 6923(b)
Pub. L. 95–609, § 7(g)(2), substituted “Administrator under this section” for “Administrator under this subchapter”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 95–609, § 7(g)(2), substituted “Administrator under this section” for “Administrator under this subchapter”.Enacted provision · exact public law section
(2) revising subsection (b) by striking out “subtitle” after “the regulations promulgated by the Administrator under this” and inserting in lieu thereof “section”.The Hazardous and Solid Waste Amendments of 1984
Pub. L. 98–616 title II § 204(b)(2) · 98 Stat. 3221
Added · 42 U.S.C. § 6923(c)
Pub. L. 98–616 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–616 added subsec. (c).Enacted provision · exact public law section
(2) Section 3003 of the Solid Waste Disposal Act is amended by adding the following new subsection after subsection (b): “(c) Fuel From Hazardous Waste.— Not later than two years after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, and after opportunity for public hearing, the Administrator shall promulgate regulations establishing standards, applicable to transporters of fuel produced (1) from any hazardous 42 USC 6921. waste identified or listed under section 3001, or (2) from any hazardous waste identified or listed under section 3001 and any other material, as may be necessary to protect human health and the environment. Such standards may include any of the requirements set forth in paragraphs (1) through (4) of subsection (a) as may be appropriate.”.
3 of 4 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Section 6922(5) of this title, referred to in subsec. (a)(3), was redesignated section 6922(a)(5) of this title, by Pub. L. 98–616, title II, § 224(a)(1), , 98 Stat. 3253.
The Marine Protection, Research, and Sanctuaries Act, referred to in subsec. (a)(4), probably means the Marine Protection, Research, and Sanctuaries Act of 1972, Pub. L. 92–532, , 86 Stat. 1052. Title I of the Marine Protection, Research, and Sanctuaries Act of 1972 is classified generally to subchapter I (§ 1411 et seq.) of chapter 27 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1401 of Title 33 and Tables.
Codification
In subsec. (b), “chapter 51 of title 49” substituted for “the Hazardous Materials Transportation Act (88 Stat. 2156) [49 App. U.S.C. 1801 et seq.]” on authority of Pub. L. 103–272, § 6(b), , 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.
Amendments1978–1984 · 2 rounds
1984
Subsec. (c). Pub. L. 98–616 added subsec. (c).
1978
Subsec. (a)(4). Pub. L. 95–609, § 7(g)(1), inserted provision relating to title I of the Marine Protection, Research, and Sanctuaries Act.
Subsec. (b). Pub. L. 95–609, § 7(g)(2), substituted “Administrator under this section” for “Administrator under this subchapter”.
Executive Documents
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, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
Credits
1976–1984 · 3 acts
- 1976Pub. L. 89–272, title II, § 3003, as added Pub. L. 94–580, § 2, , 90 Stat. 2807
- 1978amended Pub. L. 95–609, § 7(g), , 92 Stat. 3082
- 1984Pub. L. 98–616, title II, § 204(b)(2), , 98 Stat. 3238.
Show as published
(Pub. L. 89–272, title II, § 3003, as added Pub. L. 94–580, § 2, , 90 Stat. 2807; amended Pub. L. 95–609, § 7(g), , 92 Stat. 3082; Pub. L. 98–616, title II, § 204(b)(2), , 98 Stat. 3238.)