PRIA, Government Policy, Made Personal

Summary

EPA must write rules for companies that move hazardous waste. They must do this within 18 months after October 21, 1976, after public hearings and after talking with the Secretary of Transportation and the States. The rules must protect people and the environment. They must cover things like keeping records of the waste, proper labels, using the required manifest tracking system, and only delivering waste to treatment, storage, or disposal facilities the shipper names on the manifest that have a permit under this law or under Title I of the Marine Protection, Research, and Sanctuaries Act (33 U.S.C. 1411 et seq.). If a waste is also covered by chapter 51 of title 49 (the Hazardous Materials Transportation Act), EPA’s rules must match that law. EPA can also recommend rules or additions to the Secretary of Transportation. EPA must also write rules within 2 years after November 8, 1984, for transporters of fuel made from hazardous waste. Those rules may include the same kinds of requirements listed above as needed.

Title 42, §6923

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

(a)Standards

Not later than eighteen months after October 21, 1976, 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—

(1)recordkeeping concerning such hazardous waste transported, and their source and delivery points;

(2)transportation of such waste only if properly labeled;

(3)compliance with the manifest system referred to in section 6922(5) of this title; and

(4)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.].

(b)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.

(c)Fuel from hazardous waste

Not later than two years after November 8, 1984, 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.

Notes & Related Subsidiaries

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), Nov. 8, 1984, 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, 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. 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), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Amendments

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.

§6923 Standards Applicable to Transporters of Hazardous Waste