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

Page 6940 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6923 1 See References in Text note below. which such agency carries out a permit pro- gram 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 sub- chapter 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 re- quired by subsection (a)(5) shall contain a cer- tification 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 de- gree determined by the generator to be eco- nomically practicable; and (2) the proposed method of treatment, stor- age, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment. (Pub. L. 89–272, title II, § 3002, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2806; amended Pub. L. 95–609, § 7(f), Nov. 8, 1978, 92 Stat. 3082; Pub. L. 96–482, § 8, Oct. 21, 1980, 94 Stat. 2338; Pub. L. 98–616, title II, § 224(a), Nov. 8, 1984, 98 Stat. 3252.) Editorial Notes REFERENCES IN TEXT The Marine Protection, Research, and Sanctuaries Act, referred to in subsec. (a)(5), 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. AMENDMENTS 1984—Subsec. (a). Pub. L. 98–616, § 224(a)(1), designated existing provisions as subsec. (a). Subsec. (a)(6). Pub. L. 98–616, § 224(a)(2), amended par. (6) generally. Prior to amendment, par. (6) read as fol- lows: ‘‘submission of reports to the Administrator (or the State agency in any case in which such agency car- ries out an authorized permit program pursuant to this subchapter) at such times as the Administrator (or the State agency if appropriate) deems necessary, setting out— ‘‘(A) the quantities of hazardous waste identified or listed under this subchapter that he has generated during a particular time period; and ‘‘(B) the disposition of all hazardous waste reported under subparagraph (A).’’ Subsec. (b). Pub. L. 98–616, § 224(a)(2), added subsec. (b). 1980—Par. (5). Pub. L. 96–482 inserted ‘‘and any other reasonable means necessary’’ and ‘‘, and arrives at,’’ after ‘‘use of a manifest system’’ and ‘‘disposal in’’, re- spectively. 1978—Par. (5). Pub. L. 95–609, § 7(f)(1), inserted provi- sion relating to title I of the Marine Protection, Re- search, and Sanctuaries Act. Par. (6). Pub. L. 95–609, § 7(f)(2), closed the parenthet- ical after ‘‘to this subchapter’’. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion 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 (a) Standards Not later than eighteen months after October 21, 1976, and after opportunity for public hear- ings, the Administrator, after consultation with the Secretary of Transportation and the States, shall promulgate regulations establishing such standards, applicable to transporters of haz- ardous waste identified or listed under this sub- chapter, as may be necessary to protect human health and the environment. Such standards shall include but need not be limited to require- ments respecting— (1) recordkeeping concerning such hazardous waste transported, and their source and deliv- ery points; (2) transportation of such waste only if prop- erly labeled; (3) compliance with the manifest system re- ferred to in section 6922(5) 1 of this title; and (4) transportation of all such hazardous waste only to the hazardous waste treatment, storage, or disposal facilities which the ship- per designates on the manifest form to be a fa- cility holding a permit issued under this sub- chapter, 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 promul- gated 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 rec- ommendations to the Secretary of Transpor- tation respecting the regulations of such haz- ardous waste under the Hazardous Materials Transportation Act and for addition of mate- rials 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 trans- porters of fuel produced (1) from any hazardous waste identified or listed under section 6921 of Page 6941 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6924 1 See References in Text note below. this title, or (2) from any hazardous waste iden- tified 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 require- ments set forth in paragraphs (1) through (4) of subsection (a) as may be appropriate. (Pub. L. 89–272, title II, § 3003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2807; amended Pub. L. 95–609, § 7(g), Nov. 8, 1978, 92 Stat. 3082; Pub. L. 98–616, title II, § 204(b)(2), Nov. 8, 1984, 98 Stat. 3238.) 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 sec- tion 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 ‘‘Ad- ministrator under this section’’ for ‘‘Administrator under this subchapter’’. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion 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. § 6924. Standards applicable to owners and oper- ators of hazardous waste treatment, storage, and disposal facilities (a) In general Not later than eighteen months after October 21, 1976, and after opportunity for public hear- ings and after consultation with appropriate Federal and State agencies, the Administrator shall promulgate regulations establishing such performance standards, applicable to owners and operators of facilities for the treatment, stor- age, or disposal of hazardous waste identified or listed under this subchapter, as may be nec- essary to protect human health and the environ- ment. In establishing such standards the Admin- istrator shall, where appropriate, distinguish in such standards between requirements appro- priate for new facilities and for facilities in ex- istence on the date of promulgation of such reg- ulations. Such standards shall include, but need not be limited to, requirements respecting— (1) maintaining records of all hazardous wastes identified or listed under this chapter which is treated, stored, or disposed of, as the case may be, and the manner in which such wastes were treated, stored, or disposed of; (2) satisfactory reporting, monitoring, and inspection and compliance with the manifest system referred to in section 6922(5) 1 of this title; (3) treatment, storage, or disposal of all such waste received by the facility pursuant to such operating methods, techniques, and practices as may be satisfactory to the Administrator; (4) the location, design, and construction of such hazardous waste treatment, disposal, or storage facilities; (5) contingency plans for effective action to minimize unanticipated damage from any treatment, storage, or disposal of any such hazardous waste; (6) the maintenance of operation of such fa- cilities and requiring such additional quali- fications as to ownership, continuity of oper- ation, training for personnel, and financial re- sponsibility (including financial responsibility for corrective action) as may be necessary or desirable; and (7) compliance with the requirements of sec- tion 6925 of this title respecting permits for treatment, storage, or disposal. No private entity shall be precluded by reason of criteria established under paragraph (6) from the ownership or operation of facilities providing hazardous waste treatment, storage, or disposal services where such entity can provide assur- ances of financial responsibility and continuity of operation consistent with the degree and du- ration of risks associated with the treatment, storage, or disposal of specified hazardous waste. (b) Salt dome formations, salt bed formations, underground mines and caves (1) Effective on November 8, 1984, the place- ment of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine, or cave is prohibited until such time as— (A) the Administrator has determined, after notice and opportunity for hearings on the record in the affected areas, that such place- ment is protective of human health and the environment; (B) the Administrator has promulgated per- formance and permitting standards for such facilities under this subchapter, and; (C) a permit has been issued under section 6925(c) of this title for the facility concerned. (2) Effective on November 8, 1984, the place- ment of any hazardous waste other than a haz- ardous waste referred to in paragraph (1) in a salt dome formation, salt bed formation, under-