42 U.S.C. § 6939d: Public vessels

Summary

Hazardous waste made on a public vessel does not have to follow the law’s storage, manifest, inspection, or recordkeeping rules until it is moved to a shore facility. The exception is when the waste sits on a public vessel more than 90 days after that vessel is placed in reserve or taken out of service, or when the waste is moved to another public vessel in U.S. territorial waters and then stays on a public vessel more than 90 days after that transfer. The 90-day clock starts on the earlier of when the original vessel is placed in reserve or taken out of service, or when the waste is moved to another public vessel in U.S. territorial waters, and keeps running while the waste stays on a public or other public vessel. “Public vessel” means a ship owned or bareboat chartered and operated by the United States or by a foreign nation, except when used in commerce. “In reserve” and “in service” use the meanings in title 10 (sections 8663 and 8674–8678). This rule does not change section 8681 of title 10.

Title 42, §6939d

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

(a)Waste generated on public vessels

Any hazardous waste generated on a public vessel shall not be subject to the storage, manifest, inspection, or recordkeeping requirements of this chapter until such waste is transferred to a shore facility, unless—

(1)the waste is stored on the public vessel for more than 90 days after the public vessel is placed in reserve or is otherwise no longer in service; or

(2)the waste is transferred to another public vessel within the territorial waters of the United States and is stored on such vessel or another public vessel for more than 90 days after the date of transfer.

(b)Computation of storage period

For purposes of subsection (a), the 90-day period begins on the earlier of— (1)

(2)the date on which the waste is transferred from the public vessel on which the waste was generated to another public vessel within the territorial waters of the United States;

and continues, without interruption, as long as the waste is stored on the original public vessel (if in reserve or not in service) or another public vessel.

(c)Definitions

For purposes of this section: (1)

(2)The terms “in reserve” and “in service” have the meanings applicable to those terms under section 8663 and sections 8674 through 8678 of title 10 and regulations prescribed under those sections.

(d)Relationship to other law

Nothing in this section shall be construed as altering or otherwise affecting the provisions of section 8681 of title 10.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (c)(2). Pub. L. 115–232, § 809(n)(2)(A), substituted “section 8663 and sections 8674 through 8678 of title 10” for “section 7293 and sections 7304 through 7308 of title 10”. Subsec. (d). Pub. L. 115–232, § 809(n)(2)(B), substituted “section 8681 of title 10” for “section 7311 of title 10”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

§6939d Public Vessels

Summary

Title 42, §6939d

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata