PRIA, Government Policy, Made Personal

Summary

The EPA Administrator must make rules within eighteen months after October 21, 1976, after public notice, hearings, and talks with federal and state agencies. The rules must protect people and the environment from hazards caused by generators of listed hazardous waste. Generators will have to keep accurate records of how much waste they make, what harmful parts it contains, and what happens to it; label and use proper containers; give basic chemical information to anyone who transports, treats, stores, or disposes of the waste; use a tracking system (a manifest) and other steps to be sure the waste goes to permitted treatment, storage, or disposal facilities (or as allowed under the Marine Protection law); and send reports at least once every two years to EPA or the state permit agency. Each report must list the amounts and kinds of listed hazardous waste made that year, where it went, actions taken that year to reduce volume and toxicity, and how volume and toxicity changed compared with earlier years, as far back as information exists for years before November 8, 1984. Starting September 1, 1985, the manifest must include a generator’s certification that the generator has a program to reduce the amount and toxicity of waste as much as is economically practical, and that the chosen treatment, storage, or disposal method is the practical option now available that minimizes present and future harm to people and the environment.

Title 42, §6922

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

Not later than eighteen months after October 21, 1976, and after notice and opportunity for public hearings and after consultation with appropriate Federal and State agencies, the Administrator shall promulgate regulations establishing such standards, applicable to generators of hazardous waste identified or listed under this subchapter, as may be necessary to protect human health and the environment. Such standards shall establish requirements respecting—

(1)recordkeeping practices that accurately identify the quantities of such hazardous waste generated, the constituents thereof which are significant in quantity or in potential harm to human health or the environment, and the disposition of such wastes;

(2)labeling practices for any containers used for the storage, transport, or disposal of such hazardous waste such as will identify accurately such waste;

(3)use of appropriate containers for such hazardous waste;

(4)furnishing of information on the general chemical composition of such hazardous waste to persons transporting, treating, storing, or disposing of such wastes;

(5)use of a manifest system and any other reasonable means necessary to assure that all such hazardous waste generated is designated for treatment, storage, or disposal in, and arrives at, treatment, storage, or disposal facilities (other than facilities on the premises where the waste is generated) for which a permit has been issued as provided in 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.]; and

(6)submission of reports to the Administrator (or the State agency in any case in which such agency carries out a permit program pursuant to this subchapter) at least once every two years, setting out—

(A)the quantities and nature of hazardous waste identified or listed under this subchapter that he has generated during the year;

(B)the disposition of all hazardous waste reported under subparagraph (A);

(C)the efforts undertaken during the year to reduce the volume and toxicity of waste generated; and

(D)the changes in volume and toxicity of waste actually achieved during the year in question in comparison with previous years, to the extent such information is available for years prior to November 8, 1984.

(b)Waste minimization

Effective September 1, 1985, the manifest required by subsection (a)(5) shall contain a certification by the generator that—

(1)the generator of the hazardous waste has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and

(2)the proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Marine Protection, Research, and Sanctuaries Act, referred to in subsec. (a)(5), probably means the Marine Protection, Research, and Sanctuaries Act of 1972, Pub. L. 92–532, Oct. 23, 1972, 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.

Amendments

1984—Subsec. (a). Pub. L. 98–616, § 224(a)(1), designated existing provisions as subsec. (a). Subsec. (a)(6). Pub. L. 98–616, § 224(a)(2), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “submission of reports to the Administrator (or the State agency in any case in which such agency carries out an authorized permit program pursuant to this subchapter) at such times as the Administrator (or the State agency if appropriate) deems necessary, setting out— “(A) the quantities of hazardous waste identified or listed under this subchapter that he has generated during a particular time period; and “(B) the disposition of all hazardous waste reported under subparagraph (A).” Subsec. (b). Pub. L. 98–616, § 224(a)(2), added subsec. (b). 1980—Par. (5). Pub. L. 96–482 inserted “and any other reasonable means necessary” and “, and arrives at,” after “use of a manifest system” and “disposal in”, respectively. 1978—Par. (5). Pub. L. 95–609, § 7(f)(1), inserted provision relating to title I of the Marine Protection, Research, and Sanctuaries Act. Par. (6). Pub. L. 95–609, § 7(f)(2), closed the parenthetical after “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.

§6922 Standards Applicable to Generators of Hazardous Waste