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Title 42 — The Public Health and Welfare

Chapter 82 — Solid Waste Disposal

§ 6930. Effective date

Statutory text

(a)

Preliminary notification

Not later than ninety days after promulgation of regulations under section 6921 of this title identifying by its characteristics or listing any substance as hazardous waste subject to this subchapter, any person generating or transporting such substance or owning or operating a facility for treatment, storage, or disposal of such substance shall file with the Administrator (or with States having authorized hazardous waste permit programs under section 6926 of this title) a notification stating the location and general description of such activity and the identified or listed hazardous wastes handled by such person. Not later than fifteen months after —

(1)

the owner or operator of any facility which produces a fuel (A) from any hazardous waste identified or listed under section 6921 of this title, (B) from such hazardous waste identified or listed under section 6921 of this title and any other material, (C) from used oil, or (D) from used oil and any other material;

(2)

the owner or operator of any facility (other than a single- or two-family residence) which burns for purposes of energy recovery any fuel produced as provided in paragraph (1) or any fuel which otherwise contains used oil or any hazardous waste identified or listed under section 6921 of this title; and

(3)

any person who distributes or markets any fuel which is produced as provided in paragraph (1) or any fuel which otherwise contains used oil or any hazardous waste identified or listed under section 6921 of this title 1

shall file with the Administrator (and with the State in the case of a State with an authorized hazardous waste program) a notification stating the location and general description of the facility, together with a description of the identified or listed hazardous waste involved and, in the case of a facility referred to in paragraph (1) or (2), a description of the production or energy recovery activity carried out at the facility and such other information as the Administrator deems necessary. For purposes of the preceding provisions, the term “hazardous waste listed under section 6921 of this title” also includes any commercial chemical product which is listed under section 6921 of this title and which, in lieu of its original intended use, is (i) produced for use as (or as a component of) a fuel, (ii) distributed for use as a fuel, or (iii) burned as a fuel. Notification shall not be required under the second sentence of this subsection in the case of facilities (such as residential boilers) where the Administrator determines that such notification is not necessary in order for the Administrator to obtain sufficient information respecting current practices of facilities using hazardous waste for energy recovery. Nothing in this subsection shall be construed to affect or impair the provisions of section 6921(b)(3) of this title. Nothing in this subsection shall affect regulatory determinations under section 6935 of this title. In revising any regulation under section 6921 of this title identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste subject to this subchapter, the Administrator may require any person referred to in the preceding provisions to file with the Administrator (or with States having authorized hazardous waste permit programs under section 6926 of this title) the notification described in the preceding provisions. Not more than one such notification shall be required to be filed with respect to the same substance. No identified or listed hazardous waste subject to this subchapter may be transported, treated, stored, or disposed of unless notification has been given as required under this subsection.

(b)

Effective date of regulation

The regulations under this subchapter respecting requirements applicable to the generation, transportation, treatment, storage, or disposal of hazardous waste (including requirements respecting permits for such treatment, storage, or disposal) shall take effect on the date six months after the date of promulgation thereof (or six months after the date of revision in the case of any regulation which is revised after the date required for promulgation thereof). At the time a regulation is promulgated, the Administrator may provide for a shorter period prior to the effective date, or an immediate effective date for:

(1)

a regulation with which the Administrator finds the regulated community does not need six months to come into compliance;

(2)

a regulation which responds to an emergency situation; or

(3)

other good cause found and published with the regulation.

Footnotes

  1. 1 So in original. Probably should be followed by a semicolon.

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.

  1. Pub. L. 89–272 title II § 3010 · 79 Stat. 992

    Enacted · 42 U.S.C. § 6930

    Pub. L. 89–272, title II, § 3010, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2812

    Source evidence

    Code source credit
    Pub. L. 89–272, title II, § 3010, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2812

  2. Solid Waste Disposal Act Amendments of 1980

    Pub. L. 96–482 § 15 · 94 Stat. 2334

    Struck and inserted · 42 U.S.C. § 6930(a)

    Pub. L. 96–482 struck out “or revision” after “after promulgation or revision of regulations” and inserted provision for filing of notification when revising any regulation identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste subject to this subchapter

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–482 struck out “or revision” after “after promulgation or revision of regulations” and inserted provision for filing of notification when revising any regulation identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste subject to this subchapter.

    Enacted provision · exact public law section
    Sec. 15. Section 3010(a) of the Solid Waste Disposal Act is amended by striking out “or revision” and by inserting the following at the end of the first sentence thereof: “In revising any regulation under 42 USC 6921. section 3001 identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste subject to this subtitle, the Administrator may require any person referred to in the preceding sentence to file with the Administrator (or with States having authorized hazardous waste permit programs under section 42 USC 6926. 42 USC 6931. 3006) the notification described in the preceding sentence.”.

  3. The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 204(a) · 98 Stat. 3221

    1. Inserted · 42 U.S.C. § 6930(a)

      Pub. L. 98–616, § 204(a), inserted provisions after first sentence relating to burning and blending of hazardous wastes

    2. Substituted · 42 U.S.C. § 6930(a)

      Pub. L. 98–616, § 204(a), substituted “the preceding provisions” for “the preceding sentence” in three places

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–616, § 204(a), inserted provisions after first sentence relating to burning and blending of hazardous wastes and substituted “the preceding provisions” for “the preceding sentence” in three places.

    Enacted provision · exact public law section
    (a) (1) Section 3010 of the Solid Waste Disposal Act is amended by inserting the following after the first sentence thereof: “Not later than fifteen months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984— “(1) the owner or operator of any facility which produces a fuel (A) from any hazardous waste identified or listed 42 USC 6921. under section 3001, (B) from such hazardous waste identified or listed under section 3001 and any other material, (C) from used oil, or (D) from used oil and any other material; “(2) the owner or operator of any facility (other than a single– or two-family residence) which burns for purposes of energy recovery any fuel produced as provided in paragraph (1) or any fuel which otherwise contains used oil or any hazardous waste identified or listed under section 3001; and “(3) any person who distributes or markets any fuel which is produced as provided in paragraph (1) or any fuel which otherwise contains used oil or any hazardous waste identified or listed under section 3001 shall file with the Administrator (and with the State in the case of a State with an authorized hazardous waste program) a notification stating the location and general description of the facility, together with a description of the identified or listed hazardous waste involved and, in the case of a facility referred to in paragraph (1) or (2), a description of the production or energy recovery activity carried out at the facility and such other information as the Administrator deems necessary. For purposes of the preceding sentence, the term ‘hazardous waste listed under section 3001’ also includes any commercial chemical product which is listed under section 3001 and which, in lieu of its original intended use, is (i) produced for use as (or as a component of) a fuel, (ii) distributed for use as a fuel, or (iii) burned as a fuel. Notification shall not be required under the second sentence of this subsection in the case of facilities (such as residen-tial boilers) where the Administrator determines that such notification is not necessary in order for the Administrator to obtain sufficient information respecting current practices of facilities using hazardous waste for energy recovery. Nothing in this subsection shall be construed to affect or impair the provisions of section 42 USC 6921. Post, p. 3258. 42 USC 6930. 3001(b)(3). Nothing in this subsection shall affect regulatory determinations under section 3014.”. (2) Section 3010 of such Act is amended by striking out “the preceding sentence” each place it occurs and substituting “the preceding provisions”.

  4. The Hazardous and Solid Waste Amendments of 1984

    Pub. L. 98–616 § 234 · 98 Stat. 3221

    Inserted · 42 U.S.C. § 6930(b)

    Pub. L. 98–616, § 234, inserted provision that at the time a regulation is promulgated, the Administrator may provide for a shorter period prior to the effective date, or an immediate effective date for a regulation with which the Administrator finds the regulated community does not need six months to come into compliance, a regulation which responds to an emergency situation, or other good cause found and published with the regulation

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–616, § 234, inserted provision that at the time a regulation is promulgated, the Administrator may provide for a shorter period prior to the effective date, or an immediate effective date for a regulation with which the Administrator finds the regulated community does not need six months to come into compliance, a regulation which responds to an emergency situation, or other good cause found and published with the regulation.

    Enacted provision · exact public law section
    Sec. 234. effective date of regulations Section 3010(b) of the Solid Waste Disposal Act is amended by adding the following at the end thereof: “At the time a regulation is promulgated, the Administrator may provide for a shorter period prior to the effective date, or an immediate effective date for: “(1) a regulation with which the Administrator finds the regulated community does not need six months to come into compliance; “(2) a regulation which responds to an emergency situation; or “(3) other good cause found and published with the regulation.”.

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1980–1984 · 2 rounds

1984

Subsec. (a). Pub. L. 98–616, § 204(a), inserted provisions after first sentence relating to burning and blending of hazardous wastes and substituted “the preceding provisions” for “the preceding sentence” in three places.

Subsec. (b). Pub. L. 98–616, § 234, inserted provision that at the time a regulation is promulgated, the Administrator may provide for a shorter period prior to the effective date, or an immediate effective date for a regulation with which the Administrator finds the regulated community does not need six months to come into compliance, a regulation which responds to an emergency situation, or other good cause found and published with the regulation.

1980

Subsec. (a). Pub. L. 96–482 struck out “or revision” after “after promulgation or revision of regulations” and inserted provision for filing of notification when revising any regulation identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste subject to 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
  1. 1976Pub. L. 89–272, title II, § 3010, as added Pub. L. 94–580, § 2, , 90 Stat. 2812
  2. 1980amended Pub. L. 96–482, § 15, , 94 Stat. 2342
  3. 1984Pub. L. 98–616, title II, §§ 204(a), 234, , 98 Stat. 3235, 3258.
Show as published

(Pub. L. 89–272, title II, § 3010, as added Pub. L. 94–580, § 2, , 90 Stat. 2812; amended Pub. L. 96–482, § 15, , 94 Stat. 2342; Pub. L. 98–616, title II, §§ 204(a), 234, , 98 Stat. 3235, 3258.)

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