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

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

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

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Source file: Laws/federal/codes/united-states-code/title-42/section-6938-export-of-hazardous-wastes--e1bff58a03.md
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Source location: Title 42, Chapter 82, § 6938; chapter-082-solid-waste-disposal.md

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**(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 hazardous waste will be transported to and treated, stored, or disposed in the receiving country; and (6) the name and address of the ultimate treatment, storage or disposal facility. **(d) Procedures for requesting consent of receiving country** Within thirty days of the Administrator’s receipt of a complete notification under this section, the Secretary of State, acting on behalf of the Administrator, shall— (1) forward a copy of the notification to the government of the receiving country; (2) advise the government that United States law prohibits the export of hazardous waste unless the receiving country consents to accept the hazardous waste; (3) request the government to provide the Secretary with a written consent or objection to the terms of the notification; and (4) forward to the government of the receiving country a description of the Federal regulations which would apply to the treatment, storage, and disposal of the hazardous waste in the United States. **(e) Conveyance of written consent to exporter** Within thirty days of receipt by the Secretary of State of the receiving country’s written consent or objection (or any subsequent communication withdrawing a prior consent or objection), the Administrator shall forward such a consent, objection, or other communication to the exporter. **(f) International agreements** Where there exists an international agreement between the United States and the government of the receiving country establishing notice, export, and enforcement procedures for the transportation, treatment, storage, and disposal of hazardous wastes, only the requirements of subsections (a)(2) and (g) shall apply. **(g) Reports** After November 8, 1984, any person who exports any hazardous waste identified or listed under [section 6921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim) shall file with the Administrator no later than March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste exported during the previous calendar year. **(h) Other standards** Nothing in this section shall preclude the Administrator from establishing other standards for the export of hazardous wastes under [section 6922 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6922&num=0&edition=prelim) or [section 6923 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6923&num=0&edition=prelim).

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

42 U.S.C. § 6921 — Identification and listing of hazardous waste

**(a) Criteria for identification or listing** Not later than eighteen months after October 21, 1976, the Administrator shall, after notice and opportunity for public hearing, and after consultation with appropriate Federal and State agencies, develop and promulgate criteria for identifying the characteristics of hazardous waste, and for listing hazardous waste, which should be subject to the provisions of this subchapter, taking into account toxicity, persistence, and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness, and other hazardous characteristics. Such criteria shall be revised from time to time as may be appropriate. **(b) Identification and listing** (1) Not later than eighteen months after October 21, 1976, and after notice and opportunity for public hearing, the Administrator shall promulgate regulations identifying the characteristics of hazardous waste, and listing particular hazardous wastes (within the meaning of [section 6903(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/5&num=0&edition=prelim)), which shall be subject to the provisions of this subchapter. Such regulations shall be based on the criteria promulgated under subsection (a) and shall be revised from time to time thereafter as may be appropriate. The Administrator, in cooperation with the Agency for Toxic Substances and Disease Registry and the National Toxicology Program, shall also identify or list those hazardous wastes which shall be subject to the provisions of this subchapter solely because of the presence in such wastes of certain constituents (such as identified carcinogens, mutagens, or teratagens) 11 So in original. Probably should be “teratogens)”. at le

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6921

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

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

**(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 i

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6922

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

42 U.S.C. § 6923 — Standards applicable to transporters of hazardous waste

**(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) 11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1411&num=0&edition=prelim) 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6923

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

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

Page 6966 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6937 1 So in original. Probably should be followed by a dash. (2) The owner or operator of each unit referred to in paragraph (1) shall notify the Adminis- trator (or the State, if appropriate) at least sixty days prior to receiving waste. The Admin- istrator (or the State) shall require the filing, within six months of receipt of such notice, of an application for a final determination regard- ing the issuance of a permit for each facility submitting such notice. (3) In the case of any unit in which the liner and leachate collection system has been in- stalled pursuant to the requirements of this sec- tion and in good faith compliance with the Ad- ministrator’s regulations and guidance docu- ments governing liners and leachate collection systems, no liner or leachate collection system which is different from that which was so in- stalled pursuant to this section shall be required for such unit by the Administrator when issuing the first permit under section 6925 of this title to such facility, except that the Administrator shall not be precluded from requiring installa- tion of a new liner when the Administrator has reason to believe that any liner installed pursu- ant to the requirements of this section is leak- ing. The Administrator may, under section 6924 of this title, amend the requirements for liners and leachate collection systems required under this section as may be necessary to provide ad- ditional protection for human health and the en- vironment. (Pub. L. 89–272, title II, § 3015, as added Pub. L. 98–616, title II, § 243(a), Nov. 8, 1984, 98 Stat. 3260.) § 6937. Inventory of Federal agency hazardous waste facilities (a) Program requirement; submission; avail- ability; contents Each

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6938

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