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Title 46 — ShippingRelease 119-73not60

§55105 Transportation of Hazardous Waste

Title 46 › Subtitle Subtitle V— Merchant Marine › Part D— Promotional Programs › Chapter 551— COASTWISE TRADE › § 55105

Last updated Apr 5, 2026|Official source

Summary

Shipping hazardous waste from a place in the United States out to sea to be burned must be treated the same as shipping cargo under U.S. law. "Hazardous waste" means what the Resource Conservation and Recovery Act (RCRA) defines. That rule does not apply to a foreign ocean incineration ship that was owned or being built on May 1, 1982 for a company wholly owned by U.S. citizens. Those ships must have incineration gear that meets Coast Guard and EPA standards. The Coast Guard must inspect them like a U.S. ship, including drydock and tank checks, and may accept different fittings if they are at least as safe. A written certificate from the Secretary of Homeland Security is required. The rule treating waste as cargo does not take effect until an appropriate vessel is built and documented under chapter 121.

Full Legal Text

Title 46, §55105

Shipping — Source: USLM XML via OLRC

(a)The transportation of hazardous waste, as defined in section 1004(5) of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6903(5)), from a point in the United States to sea for incineration is deemed to be transportation of merchandise under section 55102 of this title.
(b)(1)Subsection (a) does not apply to transportation performed by a foreign ocean incineration vessel owned by or under construction on May 1, 1982, for a corporation wholly owned by citizens of the United States under section 50501(a)–(c) of this title.
(2)Incineration equipment on a vessel described in paragraph (1) must meet standards of the Coast Guard and the Environmental Protection Agency.
(3)A vessel described in paragraph (1) shall be inspected by the Coast Guard, regardless of whether inspected by the nation in which it is registered. The inspection shall be the same as would be required of a vessel of the United States, including drydock inspection and internal examination of tanks and void spaces. The inspection may be made concurrently with an inspection by that nation or within one year after the initial issuance or next scheduled issuance of the Safety of Life at Sea Safety Construction Certificate. In making the inspection, the Coast Guard shall refer to the condition of the hull and superstructure established by the initial foreign certification as the basis for evaluating the current condition of the hull and superstructure. The Coast Guard shall allow the substitution of fittings, material, apparatus, equipment, and appliances different from those required for vessels of the United States if satisfied they are equivalent and at least as effective as those required for vessels of the United States. A satisfactory inspection under this paragraph shall be certified in writing by the Secretary of Homeland Security.
(c)Subsection (a) is not effective until an appropriate vessel has been built and documented under chapter 121 of this title.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5510546 App.:883 (2d–6th sentences, last sentence less provisos).June 5, 1920, ch. 250, § 27 (2d–6th sentences, last sentence less provisos), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; Pub. L. 97–389, title V, § 502, Dec. 29, 1982, 96 Stat. 1954. In subsection (a), the words “after December 31, 1983” are omitted as obsolete. The words “transportation of merchandise under section 55102 of this title” are substituted for “For the purposes of this section” and “transportation by water of merchandise between points in the United States” for consistency with section 55102. In subsection (b)(2), the words “all current” are omitted as surplus. Subsection (c) is substituted for “or after such time as an appropriate vessel has been constructed and documented as a vessel of the United States” to improve the organization.

Editorial Notes

References in Text

section 1004(5) of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6903(5)), referred to in subsec. (a), probably means section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903(5)), as added by section 2 of the Resource Conservation and Recovery Act of 1976, Pub. L. 94–580.

Amendments

2008—Pub. L. 110–181, § 3525(b), repealed Pub. L. 109–241, § 902(o). See 2006 Amendment note below. Subsec. (b)(3). Pub. L. 110–181, § 3525(a)(4), incorporated the substance of the amendment by Pub. L. 109–241, § 902(o), into this section by substituting “Secretary of Homeland Security” for “Secretary of the department in which the Coast Guard is operating”. See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and

Construction

note preceding section 101 of this title. 2006—Pub. L. 109–241, § 902(o), which directed the amendment of section 883 of the former Appendix to this title from which this section was derived, was repealed by Pub. L. 110–181, § 3525(b). See 2008 Amendment note for subsec. (b)(3) and

Historical and Revision Notes

above.

Reference

Citations & Metadata

Citation

46 U.S.C. § 55105

Title 46 — Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60