42 U.S.C. § 6923

Standards applicable to transporters of hazardous waste

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(a) StandardsNot 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) 11 See References in Text note below. of this title; and(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.

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) as may be appropriate.

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

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, § 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, § 7(g)(1), inserted provision relating to title I of the Marine Protection, Research, and Sanctuaries Act.

Subsec. (b). Pub. L. 95–609, § 7(g)(2), substituted “Administrator under this section” for “Administrator under 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 14 cases (1 in the last 5 years), 1983–2022 · leading case: California River Watch v. City of Vacaville, 39 F.4th 624 (9th Cir. 2022).

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California River Watch v. City of Vacaville, 39 F.4th 624 (9th Cir. 2022). · cites it 3× “at 12–13 (citing 42 U.S.C. §§ 6923 , 6925, 6927, 6928, 40 C.”

People v. Union Pac. R.R. Co., 2006 Cal. Daily Op. Serv. 7119 (Cal. Ct. App. 2006). · cites it 3× “( 42 U.S.C. § 6923 (a).) With respect to materials subject to HMTA, the EPA regulations must be consistent with the requirements of HMTA and regulations thereunder.”

United States v. Chem-Dyne Corp., 572 F. Supp. 802 (S.D. Ohio 1983). “See The Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6923 , 6924. 3 . An opinion of the Assistant Attorney General referred to in Florio’s statement and incorporated into the Congressional Record interprets 33 U.”

Oil Re-Refining Co. v. Env't Quality Comm'n, 388 P.3d 1071 (Or. 2017). “See 42 USC § 6923 (a)(3) (so stating). USDOT promulgated a manifest requirement that is almost identical to the EPA’s manifest requirement: “No person may offer, transport, transfer, or deliver a hazardous waste (waste) unless * * * [a] hazardous waste manifest (manifest) is…”

United States v. Richard Heuer, United States of Am. v. Eugene Holderness, 4 F.3d 723 (9th Cir. 1993). “42 U.S.C. § 6923 (a)(4); 40 C.F.R. § 262.”

Doe Run Resources Corp. v. Lexington Ins. Co., 719 F.3d 868 (8th Cir. 2013). “When ore concentrate is released from the Mill area and the haul trucks and Doe Run leaves the released concentrate on Doe Run’s and/or Nadist’s property, this constitutes the discarding, disposal, and/or abandonment of a hazardous waste [in violation of 42 U.S.C. § 6923 ].…”

CECOS Int'l, Inc. v. Jorling, 706 F. Supp. 1006 (N.D.N.Y. 1989). “, 42 U.S.C. § 6923 (West 1983 & Supp.1988) (“Standards applicable to transporters of hazardous waste”); 49 U.”

United States v. Charles George Trucking Co., Inc., 642 F. Supp. 329 (D. Mass. 1986). “Not only could such information assist the EPA in developing and revising regulations concerning standards applicable to the transportation, storage, treatment and disposal of hazardous waste, a function delegated to the EPA under RCRA, see 42 U.S.C. §§ 6923 , 6924, responses to…”

City of Jacksonville v. Arkansas Dep't of Pollution Control & Ecology, 824 S.W.2d 840 (Ark. 1992). “42 U.S.C. § 6923 (1988). Thus, the ordinances directly conflict with federal law and frustrate the purpose of the RCRA and CERCLA to safely dispose of hazardous waste in the manner deemed safest by Congress and by the E.”

Oil Re-Refining Co. v. Env't Quality Comm'n, 361 P.3d 46 (Or. Ct. App. 2015). “42 USC § 6923 . To fulfill that charge, US EPA expressly adopted US DOT regulations governing the packaging, labeling, marking, and placarding of hazardous waste; hazardous waste containers; and the reporting of hazardous waste discharges.”

Env't Def. Fund, Inc. v. Gorsuch, 713 F.2d 802 (D.C. Cir. 1983). “§ 6922 ; (3) regulations establishing standards for transporters of hazardous waste, 42 U.S.C. § 6923 ; and (4) guidelines to assist states adopting and *11 implementing similar standards and hazardous waste programs, 42 U.”

Nat'l Solid Wastes Mgmt. Ass'n v. Alabama Dep't of Env't Mgmt., 729 F. Supp. 792 (N.D. Ala. 1990). “§ 6922 ), transport ( 42 U.S.C.A. § 6923 ), treat, store or dispose ( 42 U.”

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