§6935 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The EPA must issue rules within one year after October 15, 1980 to set safety standards for recycled oil. The EPA must study how those rules will affect the oil recycling business. The rules must protect people and the environment and must not stop people from recovering or recycling used oil. Within 12 months after November 8, 1984 the EPA must propose whether to list used automobile and truck crankcase oil as hazardous waste, and within 24 months after November 8, 1984 the EPA must decide whether to list crankcase oil and other used oil as hazardous waste. If used oil is listed as hazardous but is being recycled, generators and transporters of that oil do not have to follow certain hazardous-waste rules (sections 6921(d), 6922, and 6923) while it is recycled. For those exempt oils, the EPA must issue rules within 24 months after November 8, 1984 about how generators and transporters must handle them. The EPA must consider impacts on recycling and on small generators. Generators who either arrange delivery to, or recycle at, permitted recycling facilities and who do not mix the oil with other hazardous wastes and who keep the required records will not have to use manifests or extra reporting. Transporters must take exempt used oil to permitted facilities and follow EPA rules. Owners or operators of recycling facilities that meet EPA standards under section 6924 will be treated as having a permit unless the EPA decides an individual permit under section 6925(c) is needed. Generators who recycle exempt used oil do not have to get a section 6925(c) permit until the EPA issues the section 6924 standards.

Title 42, §6935

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Not later than one year after October 15, 1980, the Administrator shall promulgate regulations establishing such performance standards and other requirements as may be necessary to protect the public health and the environment from hazards associated with recycled oil. In developing such regulations, the Administrator shall conduct an analysis of the economic impact of the regulations on the oil recycling industry. The Administrator shall ensure that such regulations do not discourage the recovery or recycling of used oil, consistent with the protection of human health and the environment.

(b)Not later than twelve months after November 8, 1984, the Administrator shall propose whether to list or identify used automobile and truck crankcase oil as hazardous waste under section 6921 of this title. Not later than twenty-four months after November 8, 1984, the Administrator shall make a final determination whether to list or identify used automobile and truck crankcase oil and other used oil as hazardous wastes under section 6921 of this title.

(c)(1)With respect to generators and transporters of used oil identified or listed as a hazardous waste under section 6921 of this title, the standards promulgated under section 11 So in original. Probably should be “sections”. 6921(d), 6922, and 6923 of this title shall not apply to such used oil if such used oil is recycled.

(2)(A)In the case of used oil which is exempt under paragraph (1), not later than twenty-four months after November 8, 1984, the Administrator shall promulgate such standards under this subsection regarding the generation and transportation of used oil which is recycled as may be necessary to protect human health and the environment. In promulgating such regulations with respect to generators, the Administrator shall take into account the effect of such regulations on environmentally acceptable types of used oil recycling and the effect of such regulations on small quantity generators and generators which are small businesses (as defined by the Administrator).

(B)The regulations promulgated under this subsection shall provide that no generator of used oil which is exempt under paragraph (1) from the standards promulgated under section 1 6921(d), 6922, and 6923 of this title shall be subject to any manifest requirement or any associated recordkeeping and reporting requirement with respect to such used oil if such generator—

(i)either—

(I)enters into an agreement or other arrangement (including an agreement or arrangement with an independent transporter or with an agent of the recycler) for delivery of such used oil to a recycling facility which has a permit under section 6925(c) of this title (or for which a valid permit is deemed to be in effect under subsection (d)), or

(II)recycles such used oil at one or more facilities of the generator which has such a permit under section 6925 of this title (or for which a valid permit is deemed to have been issued under subsection (d) of this section);

(ii)such used oil is not mixed by the generator with other types of hazardous wastes; and

(iii)the generator maintains such records relating to such used oil, including records of agreements or other arrangements for delivery of such used oil to any recycling facility referred to in clause (i)(I), as the Administrator deems necessary to protect human health and the environment.

(3)The regulations under this subsection regarding the transportation of used oil which is exempt from the standards promulgated under section 1 6921(d), 6922, and 6923 of this title under paragraph (1) shall require the transporters of such used oil to deliver such used oil to a facility which has a valid permit under section 6925 of this title or which is deemed to have a valid permit under subsection (d) of this section. The Administrator shall also establish other standards for such transporters as may be necessary to protect human health and the environment.

(d)(1)The owner or operator of a facility which recycles used oil which is exempt under subsection (c)(1), shall be deemed to have a permit under this subsection for all such treatment or recycling (and any associated tank or container storage) if such owner and operator comply with standards promulgated by the Administrator under section 6924 of this title; except that the Administrator may require such owners and operators to obtain an individual permit under section 6925(c) of this title if he determines that an individual permit is necessary to protect human health and the environment.

(2)Notwithstanding any other provision of law, any generator who recycles used oil which is exempt under subsection (c)(1) shall not be required to obtain a permit under section 6925(c) of this title with respect to such used oil until the Administrator has promulgated standards under section 6924 of this title regarding the recycling of such used oil.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 6932 of this title.

Amendments

1984—Subsec. (a). Pub. L. 98–616, §§ 241(a), 242, designated existing provisions as subsec. (a) and inserted “, consistent with the protection of human health and the environment” at end. Subsecs. (b) to (d). Pub. L. 98–616, § 241(a), added subsecs. (b) to (d).

Executive Documents

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

§6935 Restrictions on recycled oil