42 U.S.C. § 6930 — Effective date

Page 6961 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6930 1 So in original. Probably should be followed by a semicolon. 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. § 6929. Retention of State authority Upon the effective date of regulations under this subchapter no State or political subdivision may impose any requirements less stringent than those authorized under this subchapter re- specting the same matter as governed by such regulations, except that if application of a regu- lation with respect to any matter under this subchapter is postponed or enjoined by the ac- tion of any court, no State or political subdivi- sion shall be prohibited from acting with respect to the same aspect of such matter until such time as such regulation takes effect. Nothing in this chapter shall be construed to prohibit any State or political subdivision thereof from im- posing any requirements, including those for site selection, which are more stringent than those imposed by such regulations. Nothing in this chapter (or in any regulation adopted under this chapter) shall be construed to prohibit any State from requiring that the State be provided with a copy of each manifest used in connection with hazardous waste which is generated within that State or transported to a treatment, stor- age, or disposal facility within that State. (Pub. L. 89–272, title II, § 3009, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2812; amended Pub. L. 96–482, § 14, Oct. 21, 1980, 94 Stat. 2342; Pub. L. 98–616, title II, § 213(b), Nov. 8, 1984, 98 Stat. 3242.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–616 inserted ‘‘Nothing in this chapter (or in any regulation adopted under this chapter) shall be construed to prohibit any State from requiring that the State be provided with a copy of each manifest used in connection with hazardous waste which is generated within that State or transported to a treatment, stor- age, or disposal facility within that State.’’ 1980—Pub. L. 96–482 prohibited construction of this chapter as barring a State from imposing more strin- gent requirements than provided in Federal regula- tions. § 6930. Effective date (a) Preliminary notification Not later than ninety days after promulgation of regulations under section 6921 of this title identifying by its characteristics or listing any substance as hazardous waste subject to this subchapter, any person generating or trans- porting such substance or owning or operating a facility for treatment, storage, or disposal of such substance shall file with the Administrator (or with States having authorized hazardous waste permit programs under section 6926 of this title) a notification stating the location and general description of such activity and the identified or listed hazardous wastes handled by such person. Not later than fifteen months after November 8, 1984— (1) the owner or operator of any facility which produces a fuel (A) from any hazardous waste identified or listed under section 6921 of this title, (B) from such hazardous waste iden- tified or listed under section 6921 of this title and any other material, (C) from used oil, or (D) from used oil and any other material; (2) the owner or operator of any facility (other than a single- or two-family residence) which burns for purposes of energy recovery any fuel produced as provided in paragraph (1) or any fuel which otherwise contains used oil or any hazardous waste identified or listed under section 6921 of this title; and (3) any person who distributes or markets any fuel which is produced as provided in para- graph (1) or any fuel which otherwise contains used oil or any hazardous waste identified or listed under section 6921 of this title 1 shall file with the Administrator (and with the State in the case of a State with an authorized hazardous waste program) a notification stating the location and general description of the facil- ity, together with a description of the identified or listed hazardous waste involved and, in the case of a facility referred to in paragraph (1) or (2), a description of the production or energy re- covery activity carried out at the facility and such other information as the Administrator deems necessary. For purposes of the preceding provisions, the term ‘‘hazardous waste listed under section 6921 of this title’’ also includes any commercial chemical product which is list- ed under section 6921 of this title and which, in lieu of its original intended use, is (i) produced for use as (or as a component of) a fuel, (ii) dis- tributed for use as a fuel, or (iii) burned as a fuel. Notification shall not be required under the second sentence of this subsection in the case of facilities (such as residential boilers) where the Administrator determines that such notification is not necessary in order for the Administrator to obtain sufficient information respecting cur- rent practices of facilities using hazardous waste for energy recovery. Nothing in this sub- section shall be construed to affect or impair the provisions of section 6921(b)(3) of this title. Nothing in this subsection shall affect regu- latory determinations under section 6935 of this title. In revising any regulation under section 6921 of this title identifying additional charac- teristics of hazardous waste or listing any addi- tional substance as hazardous waste subject to this subchapter, the Administrator may require any person referred to in the preceding provi- sions to file with the Administrator (or with States having authorized hazardous waste per- mit programs under section 6926 of this title) the notification described in the preceding provi- sions. Not more than one such notification shall be required to be filed with respect to the same substance. No identified or listed hazardous waste subject to this subchapter may be trans- ported, treated, stored, or disposed of unless no- tification has been given as required under this subsection. Page 6962 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6931 1 So in original. Probably should be followed by a comma. (b) Effective date of regulation The regulations under this subchapter respect- ing requirements applicable to the generation, transportation, treatment, storage, or disposal of hazardous waste (including requirements re- specting permits for such treatment, storage, or disposal) shall take effect on the date six months after the date of promulgation thereof (or six months after the date of revision in the case of any regulation which is revised after the date required for promulgation thereof). At the time a regulation is promulgated, the Adminis- trator may provide for a shorter period prior to the effective date, or an immediate effective date for: (1) a regulation with which the Adminis- trator finds the regulated community does not need six months to come into compliance; (2) a regulation which responds to an emer- gency situation; or (3) other good cause found and published with the regulation. (Pub. L. 89–272, title II, § 3010, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2812; amended Pub. L. 96–482, § 15, Oct. 21, 1980, 94 Stat. 2342; Pub. L. 98–616, title II, §§ 204(a), 234, Nov. 8, 1984, 98 Stat. 3235, 3258.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–616, § 204(a), inserted pro- visions after first sentence relating to burning and blending of hazardous wastes and substituted ‘‘the pre- ceding provisions’’ for ‘‘the preceding sentence’’ in three places. Subsec. (b). Pub. L. 98–616, § 234, inserted provision that at the time a regulation is promulgated, the Ad- ministrator may provide for a shorter period prior to the effective date, or an immediate effective date for a regulation with which the Administrator finds the reg- ulated community does not need six months to come into compliance, a regulation which responds to an emergency situation, or other good cause found and published with the regulation. 1980—Subsec. (a). Pub. L. 96–482 struck out ‘‘or revi- sion’’ after ‘‘after promulgation or revision of regula- tions’’ and inserted provision for filing of notification when revising any regulation identifying additional characteristics of hazardous waste or listing any addi- tional substance as hazardous waste subject 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. § 6931. Authorization of assistance to States (a) Authorization of appropriations There is authorized to be appropriated $25,000,000 for each of the fiscal years 1978 and 1979 1 $20,000,000 for fiscal year 1980, $35,000,000 for fiscal year 1981, $40,000,000 for the fiscal year 1982, $55,000,000 for the fiscal year 1985, $60,000,000 for the fiscal year 1986, $60,000,000 for the fiscal year 1987, and $60,000,000 for the fiscal year 1988 to be used to make grants to the States for pur- poses of assisting the States in the development and implementation of authorized State haz- ardous waste programs. (b) Allocation Amounts authorized to be appropriated under subsection (a) shall be allocated among the States on the basis of regulations promulgated by the Administrator, after consultation with the States, which take into account, the extent to which hazardous waste is generated, trans- ported, treated, stored, and disposed of within such State, the extent of exposure of human beings and the environment within such State to such waste, and such other factors as the Ad- ministrator deems appropriate. (c) Activities included State hazardous waste programs for which grants may be made under subsection (a) may include (but shall not be limited to) planning for hazardous waste treatment, storage and disposal facilities, and the development and execution of programs to protect health and the environment from inactive facilities which may contain haz- ardous waste. (Pub. L. 89–272, title II, § 3011, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2812; amended Pub. L. 96–482, §§ 16, 31(b), Oct. 21, 1980, 94 Stat. 2342, 2352; Pub. L. 98–616, § 2(b), Nov. 8, 1984, 98 Stat. 3222.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–616 substituted ‘‘$40,000,000 for fiscal year 1982, $55,000,000 for fiscal year 1985, $60,000,000 for fiscal year 1986, $60,000,000 for fiscal year 1987, and $60,000,000 for fiscal year 1988’’ for ‘‘and $40,000,000 for fiscal year 1982’’. 1980—Subsec. (a). Pub. L. 96–482, § 31(b), authorized ap- propriation of $20,000,000, $35,000,000, and $40,000,000 for fiscal years 1980, 1981, and 1982, respectively. Subsec. (c). Pub. L. 96–482, § 16, added subsec. (c). 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. § 6932. Transferred Editorial Notes CODIFICATION Section, Pub. L. 89–272, title II, § 3012, as added Pub. L. 96–463, § 7(a), Oct. 15, 1980, 94 Stat. 2057, was redesig- nated section 3014 of Pub. L. 89–272 by Pub. L. 98–616, title V, § 502(g)(1), Nov. 8, 1984, 98 Stat. 3277, and was transferred to section 6935 of this title. § 6933. Hazardous waste site inventory (a) State inventory programs Each State shall, as expeditiously as prac- ticable, undertake a continuing program to