
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6923]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
               SUBCHAPTER III--HAZARDOUS WASTE MANAGEMENT
 
Sec. 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) \1\ of this title; and
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    \1\ See References in Text note below.
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        (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 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 of materials 
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 transporters of fuel 
produced (1) from any hazardous waste identified or listed under section 
6921 of this title, or (2) from any hazardous waste identified 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 requirements set forth in paragraphs (1) through 
(4) of subsection (a) of this section as may be appropriate.

(Pub. L. 89-272, title II, Sec. 3003, as added Pub. L. 94-580, Sec. 2, 
Oct. 21, 1976, 90 Stat. 2807; amended Pub. L. 95-609, Sec. 7(g), Nov. 8, 
1978, 92 Stat. 3082; Pub. L. 98-616, title II, Sec. 204(b)(2), Nov. 8, 
1984, 98 Stat. 3238.)

                       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, Sec. 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, 
as amended. Title I of the Marine Protection, Research, and Sanctuaries 
Act of 1972 is classified generally to subchapter I (Sec. 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, Sec. 6(b), July 5, 
1994, 108 Stat. 1378, the first section 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, Sec. 7(g)(1), inserted 
provision relating to title I of the Marine Protection, Research, and 
Sanctuaries Act.
    Subsec. (b). Pub. L. 95-609, Sec. 7(g)(2), substituted 
``Administrator under this section'' for ``Administrator under this 
subchapter''.

                          Transfer of Functions

    For transfer of certain enforcement functions of Administrator or 
other official of Environmental Protection 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, see note set out under section 6903 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 6921, 6926, 6935, 6938, 6971 
of this title.
