42 U.S.C. § 6930

Effective date

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(a) Preliminary notificationNot 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 title11 So in original. Probably should be followed by a semicolon.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 regulationThe 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.(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 NotesAmendments

1984—Subsec. (a). Pub. L. 98–616, § 204(a), inserted provisions after first sentence relating to burning and blending of hazardous wastes and substituted “the preceding 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 Administrator 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 regulated 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 revision” after “after promulgation or revision of regulations” and inserted provision for filing of notification when revising any regulation identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste subject 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 23 cases, 1981–1999 · leading case: Dague v. City of Burlington, 732 F. Supp. 458 (D. Vt. 1989).
Dague v. City of Burlington, 732 F. Supp. 458 (D. Vt. 1989). · cites it 4× “Similarly, the City has not violated the notification requirements of 42 U.S.C. § 6930 (a). Pursuant to this subsection, any person, as of August 19, 1980, “.”
United States v. T & S Brass & Bronze Works, Inc., 681 F. Supp. 314 (D.S.C. 1988). · cites it 2× “” Under RCRA § 3005, a facility must meet the following criteria to achieve interim status: (1) be in existence on November 19, 1980, or the effective date of the statutory or regulatory changes that render the facility subject to the permit requirement; (2) be in compliance…”
Env't Def. Fund, Inc. v. Gorsuch, 713 F.2d 802 (D.C. Cir. 1983). · cites it 5× “42 U.S.C. § 6930 (b). Recognizing that EPA would be unable to review and issue permits to all existing hazardous waste management facilities by the effective date of the regulations, Congress provided in § 6925(e) that a facility in existence on the date of RCRA’s enactment…”
Lutz v. Chromatex, Inc., 718 F. Supp. 413 (M.D. Penn. 1989). “4 *425 Section 3010 of RCRA, 42 U.S.C. § 6930 , imposes a notification requirement similar to that contained in section 103 of CERC-LA, 42 U.”
Thermalkem, Inc. v. United States Env't Prot. Agency, 25 F.3d 1233 (3rd Cir. 1994). · cites it 2× “70 (a)(1) (1992); see also 42 U.S.C.A. § 6930 (a). Second, the owner or operator must file “Part A” of a RCRA permit application.”
United States (EPA) v. Env't Waste Control, Inc., 710 F. Supp. 1172 (N.D. Ind. 1989). “42 U.S.C. § 6930 . a. Interim Status A hazardous waste facility may be operated only in accordance with a permit.”
McClellan Ecological Seepage Situation v. Weinberger, 707 F. Supp. 1182 (E.D. Cal. 1988). “Count 3 — RCRA § 3010(a) Count 3 alleges that McClellan failed to give EPA notice of its hazardous waste activities under section 3010(a) of RCRA, 42 U.S.C. § 6930 (a). That section provides that within ninety days of the promulgation of relevant regulations by EPA, persons…”
Env't Def. Fund, Inc. v. Lamphier, 714 F.2d 331 (4th Cir. 1983). · cites it 4× “On August 19, 1980, the notification requirements of RCRA, 42 U.S.C. § 6930 , went into effect. As of that date, all operators of waste disposal sites were required to notify the EPA of their activities.”
United States v. Power Eng'g Co., 10 F. Supp. 2d 1145 (D. Colo. 1998). “The financial responsibility requirements apply “to those owners and operators of facilities in existence on November 19, 1980 who have failed to provide timely notification as required by [ 42 U.S.C. § 6930 (a)] and/or failed to file Part A of the permit application as required…”
United States v. Ekco Housewares, Inc., 62 F.3d 806 (6th Cir. 1995). “Administrative Complaint and Consent Order Pursuant to 42 U.S.C. § 6930 , Ekco notified the EPA in 1980 that the Massillon facility was generating hazardous wastes, but did not inform the EPA that the Massillon facility was treating, storing, or disposing of hazardous wastes,…”
United States v. Conservation Chem. Co. of Illinois, 660 F. Supp. 1236 (N.D. Ind. 1987). “Pursuant to Section 3010(a) of RCRA, 42 U.S.C. § 6930 (a), on August 18, 1980, the defendants notified the EPA that hazardous wastes were being treated, stored, or disposed at the Gary site.”
United States v. WCI Steel, Inc., 72 F. Supp. 2d 810 (N.D. Ohio 1999). “Each day that Defendant operated Ponds 5, 6, and 6A without including these hazardous waste management units in any Part A application and without amending any Part A application is a separate violation of 42 U.S.C. § 6930 and O.A.C. § 3745-50-43.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.