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42 U.S.C. § 6930 — Effective date

submitted 50 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 744 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires notices about certain hazardous-waste activities and sets when regulations under this subchapter take effect. It allows shorter or immediate effective dates for specified reasons.

(a) Preliminary notification. Within 90 days after the Administrator issues regulations under section 6921 identifying or listing a substance as hazardous waste, each person who generates or transports it, and each person who owns or operates a facility that treats, stores, or disposes of it, must file a notification with the Administrator or with a State that has an authorized hazardous-waste permit program. The notice must state the activity’s location and general description and identify the hazardous wastes handled.
No later than 15 months after November 8, 1984, the following must file a notice with the Administrator, and with an authorized State when applicable: (1) the owner or operator of a facility that makes fuel (A) from hazardous waste identified or listed under section 6921, (B) from that hazardous waste and another material, (C) from used oil, or (D) from used oil and another material; (2) the owner or operator of a facility other than a one- or two-family residence that burns for energy recovery fuel made as described in paragraph (1), or fuel that otherwise contains used oil or hazardous waste identified or listed under section 6921; and (3) anyone who distributes or markets such fuel. The notice must state the facility’s location and general description, describe the hazardous waste involved, and, for a facility in paragraph (1) or (2), describe the production or energy-recovery activity and give other information the Administrator considers necessary.
For these rules, “hazardous waste listed under section 6921” also includes a commercial chemical product listed under section 6921 that, instead of its original intended use, is (i) made for use as or in fuel, (ii) distributed for use as fuel, or (iii) burned as fuel. A notice is not required under the second sentence for facilities such as residential boilers if the Administrator decides it is unnecessary to obtain enough information about current practices using hazardous waste for energy recovery. This subsection does not change or weaken section 6921(b)(3), and does not affect regulatory determinations under section 6935. When revising a section 6921 regulation to identify more hazardous-waste characteristics or list more substances, the Administrator may require the people described above to file the same notification. Only one such notice may be required for the same substance. No identified or listed hazardous waste covered by this subchapter may be transported, treated, stored, or disposed of unless the required notice has been given.
(b) Effective date of regulation. Regulations under this subchapter about generating, transporting, treating, storing, or disposing of hazardous waste, including permit requirements, take effect six months after they are issued. A revised regulation takes effect six months after its revision. When issuing a regulation, the Administrator may set a shorter period or immediate effective date if (1) the regulated community does not need six months to comply, (2) the regulation responds to an emergency, or (3) the Administrator finds and publishes another good cause with the regulation. This section does not define “regulated community,” “good cause,” or “sufficient information.”

the actual law source: uscode.house.gov ↗public domain
(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 transporting 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 identified 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 paragraph (1) or any fuel which otherwise contains used oil or any hazardous waste identified or listed under section 6921 of this title1

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 facility, 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 recovery 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 listed 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) distributed 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 current practices of facilities using hazardous waste for energy recovery. Nothing in this subsection shall be construed to affect or impair the provisions of section 6921(b)(3) of this title. Nothing in this subsection shall affect regulatory determinations under section 6935 of this title. In revising any regulation under section 6921 of this title identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste subject to this subchapter, the Administrator may require any person referred to in the preceding provisions to file with the Administrator (or with States having authorized hazardous waste permit programs under section 6926 of this title) the notification described in the preceding provisions. 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 transported, treated, stored, or disposed of unless notification has been given as required under this subsection.

(b) Effective date of regulation

The regulations under this subchapter respecting requirements applicable to the generation, transportation, treatment, storage, or disposal of hazardous waste (including requirements respecting 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 Administrator may provide for a shorter period prior to the effective date, or an immediate effective date for:

(1)

a regulation with which the Administrator finds the regulated community does not need six months to come into compliance;

(2)

a regulation which responds to an emergency situation; or

(3)

other good cause found and published with the regulation.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1976Enacted · Pub. L. 89-272 · 90 Stat. 2812
  • 1980Amended · Pub. L. 96-482 · 94 Stat. 2342
  • 1984Amended · Pub. L. 98-616 · 98 Stat. 3235, 3258

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-272 on 1976-10-21.

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