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 APPLICABLE TO SMALL QUANTITY GEN- ERATORS; SUBMITTAL TO CONGRESS Pub. L. 98–616, title II, § 221(d), Nov. 8, 1984, 98 Stat. 3250, directed Administrator of Environmental Protec- tion Agency to cause to be studied the existing mani- fest system for hazardous wastes as it applies to small quantity generators and recommend whether the cur- rent system should be retained or whether a new sys- tem should be introduced, such study to include an analysis of the cost versus the benefits of the system studied as well as an analysis of the ease of retrieving and collating information and identifying a given sub- stance, with any new proposal to include a list of those standards that are necessary to protect human health and the environment, and with such study to be sub- mitted to Congress not later than Apr. 1, 1987. ADMINISTRATIVE BURDENS; SMALL QUANTITY GENERA- TORS; RETENTION OF CURRENT SYSTEM; REPORT TO CONGRESS Pub. L. 98–616, title II, § 221(e), Nov. 8, 1984, 98 Stat. 3250, directed Administrator of Environmental Protec- tion Agency, in conjunction with Secretary of Trans- portation, to prepare and submit to Congress, not later than Apr. 1, 1987, a report on the feasibility of easing the administrative burden on small quantity genera- tors, increasing compliance with statutory and regu- latory requirements, and simplifying enforcement ef- forts through a program of licensing hazardous waste transporters to assume the responsibilities of small quantity generators relating to preparation of mani- fests and associated recordkeeping and reporting re- quirements, such report to examine the appropriate li- censing requirements under such a program including the need for financial assurances by licensed trans- porters and to make recommendations on provisions and requirements for such a program including the ap- propriate division of responsibilities between Depart- ment of Transportation and Environmental Protection Administration. EDUCATIONAL INSTITUTIONS; ACCUMULATION, STORAGE AND DISPOSAL OF HAZARDOUS WASTES; STUDY Pub. L. 98–616, title II, § 221(f), Nov. 8, 1984, 98 Stat. 3250, as amended by Pub. L. 107–110, title X, § 1076(aa), Jan. 8, 2002, 115 Stat. 2093, directed Administrator of Environmental Protection Agency, in consultation with Secretary of Education, the States, and appro- priate educational associations, to conduct a com- prehensive study of problems associated with accumu- lation, storage, and disposal of hazardous wastes from educational institutions, such study to include an in- vestigation of feasibility and availability of environ- mentally sound methods for treatment, storage, or dis- posal of hazardous waste from such institutions, taking into account the types and quantities of such waste which are generated by these institutions, and the non- profit nature of these institutions, and directed Admin- istrator to submit a report to Congress containing the findings of the study not later than Apr. 1, 1987. 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. § 6922. Standards applicable to generators of haz- ardous 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 ap- propriate Federal and State agencies, the Ad- ministrator shall promulgate regulations estab- lishing 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 stand- ards 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 poten- tial harm to human health or the environ- ment, 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 accu- rately 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 ar- rives at, treatment, storage, or disposal facili- ties (other than facilities on the premises where the waste is generated) for which a per- mit has been issued as provided in 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.]; and (6) submission of reports to the Adminis- trator (or the State agency in any case in 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