42 U.S.C. § 6935 — Restrictions on recycled oil
submitted 46 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 814 words · no verdicts yet
The Administrator must regulate recycled oil to protect health and the environment while considering economic effects and avoiding discouragement of recycling. The section also sets deadlines and permit and recordkeeping rules for recycled used oil.
(a) In general. Within one year after October 15, 1980, the Administrator* must issue performance standards and other requirements needed to protect public health and the environment from recycled-oil hazards. The Administrator must analyze the regulations’ economic effect on the oil-recycling industry and ensure they do not discourage recovering or recycling used oil* consistently with protecting health and the environment.
(b) Identification or listing. Within 12 months after November 8, 1984, the Administrator must propose whether to list or identify used automobile and truck crankcase oil as hazardous waste* under section 6921. Within 24 months after that date, the Administrator must make a final decision about that oil and other used oil.
(c) Recycled used oil. (1) Standards under sections 6921(d), 6922, and 6923 do not apply to used oil identified or listed as hazardous waste if it is recycled. (2)(A) For used oil exempt under paragraph (1), within 24 months after November 8, 1984, the Administrator must issue standards for generating and transporting recycled used oil needed to protect health and the environment. For generators, the Administrator must consider effects on environmentally acceptable recycling, small-quantity generators, and small-business generators as defined by the Administrator. (B) The rules must say that an exempt generator is not subject to a manifest* or related recordkeeping and reporting requirement if the generator (i) either (I) arranges delivery to a permitted recycling facility, including through an independent transporter or recycler’s agent, or (II) recycles the oil at the generator’s permitted facilities; (ii) does not mix it with other hazardous wastes; and (iii) keeps records the Administrator considers necessary, including delivery arrangements. (3) Transport rules must require delivery to a permitted facility and must establish other needed health and environmental standards.
(d) Permits. (1) An owner* or operator recycling exempt used oil is deemed to have a permit for that treatment* or recycling and associated tank or container storage if the owner and operator meet section 6924 standards. The Administrator may require an individual section 6925(c) permit if needed to protect health and the environment. (2) A generator recycling exempt used oil does not need a section 6925(c) permit for that oil until the Administrator issues section 6924 standards for its recycling.
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.
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.
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 1 6921(d), 6922, and 6923 of this title shall not apply to such used oil if such used oil is recycled.
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).
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—
either—
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
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);
such used oil is not mixed by the generator with other types of hazardous wastes; and
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.
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.
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.
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.
Source credit: (Pub. L. 89–272, title II, § 3014, formerly § 3012, as added Pub. L. 96–463, § 7(a), Oct. 15, 1980, 94 Stat. 2057, and renumbered and amended Pub. L. 98–616, title II, §§ 241(a), 242, title V, § 502(g)(1), Nov. 8, 1984, 98 Stat. 3258, 3260, 3277.)
- 1980Enacted · Pub. L. 89-272 · 94 Stat. 2057
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-272 on 1980-10-15.
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