42 U.S.C. § 6922

Standards applicable to generators of hazardous waste

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(a) In generalNot later than eighteen months after October 21, 1976, and after notice and opportunity for public hearings and after consultation with appropriate Federal and State agencies, the Administrator shall promulgate regulations establishing 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 standards 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 potential harm to human health or the environment, 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 accurately 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 arrives at, treatment, storage, or disposal facilities (other than facilities on the premises where the waste is generated) for which a permit has been issued as provided in 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.]; and(6) submission of reports to the Administrator (or the State agency in any case in which such agency carries out a permit program 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 subchapter 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 minimizationEffective September 1, 1985, the manifest required by subsection (a)(5) shall contain a certification 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 degree determined by the generator to be economically practicable; and(2) the proposed method of treatment, storage, 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 NotesReferences 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 follows: “submission of reports to the Administrator (or the State agency in any case in which such agency carries 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”, respectively.

1978—Par. (5). Pub. L. 95–609, § 7(f)(1), inserted provision relating to title I of the Marine Protection, Research, and Sanctuaries Act.

Par. (6). Pub. L. 95–609, § 7(f)(2), closed the parenthetical after “to this subchapter”.

Executive DocumentsTransfer 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, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.

Notes of Decisions

Cited in 32 cases, 1980–2018 · leading case: City of Chicago v. Env't Def. Fund, 511 U.S. 328 (1994).

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City of Chicago v. Env't Def. Fund, 511 U.S. 328 (1994). · cites it 2× “) Under *332 the relevant provisions of Subtitle C, EPA has promulgated standards governing hazardous waste generators and transporters, see 42 U. S. C. §§ 6922 and 6923, and owners and operators of hazardous waste treatment, storage, and disposal facilities (TSDF's), see § 6924.”

Util. Solid Waste Activities Grp. v. Envtl. Prot. Agency, 901 F.3d 414 (D.C. Cir. 2018). “See 42 U.S.C. §§ 6922 - 6928. Subtitle D, in contrast, envisions that states are primarily responsible for regulating disposal of nonhazardous wastes in landfills and dumps.”

City of Health, Ohio v. Ashland Oil, Inc., 834 F. Supp. 971 (S.D. Ohio 1993). · cites it 2× “§ 6972 (a)(1)(A) based on violations of 42 U.S.C. § 6922 regarding standards applicable to generators of hazardous waste, 42 U.”

Cox v. City of Dallas, 256 F.3d 281 (5th Cir. 2001). “, 42 U.S.C. § 6922 (dealing only with “standards applicable to generators of hazardous waste”); § 6937 (describing an "inventory of Federal agency hazardous waste facilities”).”

United States v. Thomas Bentley-Smith & Edsil M. Elledge, Jr., A/K/A Ken Elledge, 2 F.3d 1368 (5th Cir. 1993). “42 U.S.C. §§ 6922 (a)(5), 6923(a)(3). RCRA also prohibits the storage of hazardous wastes without a permit.”

United States v. Hayes Int'l Corp. & Louis H. Beasley, 786 F.2d 1499 (11th Cir. 1986). · cites it 2× “Generators of waste are required to identify hazardous wastes, 42 U.S.C. § 6922 (1), and use a manifest system to ensure that wastes are disposed of only in facilities possessing a permit.”

Pub. Citizen v. Nuclear Regulatory Comm'n & the United States of Am., Nuclear Util. Mgmt. & Resources Council, Intervenor, 901 F.2d 147 (D.C. Cir. 1990). “§ 78o(c)(3) (SEC shall by rule or regulation establish minimum financial responsibility requirements for brokers and dealers); 42 U.S.C. § 6922 (EPA shall promulgate regulations establishing standards which shall establish requirements for generators of hazardous waste).”

Sierra Club v. Env't Prot. Agency, 755 F.3d 968 (D.C. Cir. 2014). “1987), and charges the EPA with promulgating regulations setting the necessary standards to achieve those goals, 42 U.S.C. § 6922 (a). While the statute’s definitional provisions can be technical and detailed, as relevant here, RCRA defines “hazardous waste” as “solid waste”…”

Military Toxics Proj. v. Env't Prot. Agency, 146 F.3d 948 (D.C. Cir. 1998). “” 42 U.S.C. §§ 6922 (a), 6923(a), 6924(a). Putting the four sections together, the agency reasons that the decision whether a waste should be regulated under Subtitle C turns upon its assessment of whether such regulation is necessary to protect human health and the environment.”

United States v. Frank Fiorillo, Jr., & Art Krueger, 186 F.3d 1136 (9th Cir. 1999). “§ 6921 (d)(3) (any shipment of hazardous waste generated by a small quantity generator must be accompanied by a manifest "form signed by the generator”); 42 U.S.C. § 6922 (b) (required manifest must contain "a certification by the generator” of certain facts).”

Edison Elec. Inst. v. United States Env't Prot. Agency, 2 F.3d 438 (D.C. Cir. 1993). “See 42 U.S.C. § 6922 . In particular, Subchapter I requires EPA to collect detailed data on USTs, see 42 U.”

Dickerson, Inc., Dickerson, Florida, Inc., Dickerson Realty Florida, Inc. v. United States, 875 F.2d 1577 (11th Cir. 1989). “These regulations, promulgated pursuant to congressional mandate, 42 U.S.C.A. § 6922 (a)(5), reflect that federal law imposed on DPDS ongoing obligations toward safe toxic-waste disposal, thereby restricting DPDS’s authority to make discretionary policy decisions to delegate…”

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