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42 U.S.C. § 6922 — Standards applicable to generators of hazardous waste

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6922 — Standards applicable to generators of hazardous waste

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Source location: Title 42, Chapter 82, § 6922; chapter-082-solid-waste-disposal.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1411&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6903 — Definitions

As used in this chapter: (1) The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) The term “construction,” with respect to any project of construction under this chapter, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion. (2A) The term “demonstration” means the initial exhibition of a new technology process or practice or a significantly new combination or use of technologies, processes or practices, subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness. (3) The term “disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or haz

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1411 — Congressional finding, policy, and declaration of purpose

**(a) Dangers of unregulated dumping** Unregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and the marine environment, ecological systems, and economic potentialities. **(b) Policy of regulation and prevention or limitation** The Congress declares that it is the policy of the United States to regulate the dumping of all types of materials into ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. **(c) Regulation of dumping and transportation for dumping purposes** It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1401 — Annual reports

**(a) Report by Secretary of Commerce** In March of each year, the Secretary of Commerce shall report to the Congress on his activities under this subchapter during the previous fiscal year. The report shall include— (1) the Secretary’s findings made under [section 1441 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1441&num=0&edition=prelim), including an evaluation of the short-term ecological effects and the social and economic factors involved with the dumping; (2) the results of activities undertaken pursuant to [section 1442 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1442&num=0&edition=prelim); (3) with the concurrence of the Administrator and after consulting with officials of other appropriate Federal agencies, an identification of the short- and long-term research requirements associated with activities under subchapter I, and a description of how Federal research under this subchapter and subchapter I will meet those requirements; and (4) activities of the Department of Commerce under [section 665 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section665&num=0&edition=prelim). **(b) Report by Administrator** In March of each year, the Administrator shall report to the Congress on his activities during the previous fiscal year under [section 1443 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1443&num=0&edition=prelim). **(c) Report by Under Secretary** On October 31 of each year, the Under Secretary shall report to the Congress the specific programs that the National Oceanic and Atmospheric Administration and the Environmental Protection Agency carried out pursuant to this subchapter in

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6938 — Export of hazardous wastes

**(a) In general** Beginning twenty-four months after November 8, 1984, no person shall export any hazardous waste identified or listed under this subchapter unless 11 So in original. Probably should be followed by a dash. (1) (A) such person has provided the notification required in subsection (c) of this section, (B) the government of the receiving country has consented to accept such hazardous waste, (C) a copy of the receiving country’s written consent is attached to the manifest accompanying each waste shipment, and (D) the shipment conforms with the terms of the consent of the government of the receiving country required pursuant to subsection (e), or (2) the United States and the government of the receiving country have entered into an agreement as provided for in subsection (f) and the shipment conforms with the terms of such agreement. **(b) Regulations** Not later than twelve months after November 8, 1984, the Administrator shall promulgate the regulations necessary to implement this section. Such regulations shall become effective one hundred and eighty days after promulgation. **(c) Notification** Any person who intends to export a hazardous waste identified or listed under this subchapter beginning twelve months after November 8, 1984, shall, before such hazardous waste is scheduled to leave the United States, provide notification to the Administrator. Such notification shall contain the following information: (1) the name and address of the exporter; (2) the types and estimated quantities of hazardous waste to be exported; (3) the estimated frequency or rate at which such waste is to be exported; and the period of time over which such waste is to be exported; (4) the ports of entry; (5) a description of the manner in which such hazardo

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1411 — Prohibited acts

Page 606 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1411 (l) ‘‘Transport’’ or ‘‘transportation’’ refers to the carriage and related handling of any mate- rial by a vessel, or by any other vehicle, includ- ing aircraft. (m) ‘‘Convention’’ means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. (Pub. L. 92–532, § 3, Oct. 23, 1972, 86 Stat. 1052; Pub. L. 93–254, § 1(2), Mar. 22, 1974, 88 Stat. 50; Pub. L. 100–688, title III, § 3201(a), Nov. 18, 1988, 102 Stat. 4153.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 92–532, which is classified generally to this chapter, chapter 41 (§ 2801 et seq.) of this title, and chapters 32 (§ 1431 et seq.) and 32A (§ 1447 et seq.) of Title 16, Conservation. For definition of Canal Zone, referred to in subsec. (d), see section 3602(b) of Title 22, Foreign Relations and Intercourse. The Federal Water Pollution Control Act, as amend- ed, referred to in subsec. (f), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of this title and Tables. The Atomic Energy Act of 1954, as amended, referred to in subsec. (f), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is clas- sified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. AMENDMENTS 1988—Subsecs. (k) to (m). Pub. L. 100–688 added sub- sec. (k) and redesi

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6922 — Standards applicable to generators of haz-

Page 6939 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6922 Environmental Protection Agency promulgates regula- tions under subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.] addressing the extraction of wastes from landfills as part of the process of recov- ering methane from such landfills, the owner and oper- ator of equipment used to recover methane from a land- fill shall not be deemed to be managing, generating, transporting, treating, storing, or disposing of haz- ardous or liquid wastes within the meaning of that sub- title. If the aqueous or hydrocarbon phase of the con- densate or any other waste material removed from the gas recovered from the landfill meets any of the char- acteristics identified under section 3001 of subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921], the pre- ceding sentence shall not apply and such condensate phase or other waste material shall be deemed a haz- ardous waste under that subtitle, and shall be regu- lated accordingly.’’ ASH MANAGEMENT AND DISPOSAL Pub. L. 101–549, title III, § 306, Nov. 15, 1990, 104 Stat. 2584, provided that for 2 years after Nov. 15, 1990, ash from solid waste incineration units burning municipal waste would not be regulated by the Administrator of the Environmental Protection Agency pursuant to this section. SMALL QUANTITY GENERATOR WASTE; INFORM AND EDUCATE; WASTE GENERATORS Pub. L. 98–616, title II, § 221(b), Nov. 8, 1984, 98 Stat. 3249, directed Administrator of Environmental Protec- tion Agency to undertake activities to inform and edu- cate waste generators of their responsibilities under subsec. (d) of this section during the period within thir- ty months after Nov. 8, 1984, to help assure compliance. STUDY OF EXISTING MANIFEST SYSTEM FOR HAZARDOUS WASTES AS

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