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42 U.S.C. § 6363 — Federal actions with respect to recycled oil

submitted 51 years ago by Pub. L. 94-163 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 847 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section promotes recycling and use of used oil that has been processed into recycled oil. It assigns testing, labeling, education, and Federal purchasing duties and restricts conflicting labels.

(a) The purposes are (1) encouraging used-oil recycling; (2) promoting recycled oil; (3) reducing new-oil use by increasing recycled-oil use; and (4) reducing environmental hazards and wasteful disposal practices. (b) “Used oil” is oil refined from crude oil, used, and contaminated by physical or chemical impurities. “Recycled oil” is (A) used oil whose use-acquired contaminants were removed by re-refining or other processing, or (B) a blend of that processed oil with new oil or additives that the manufacturer determines under the subsection (d)(1)(A)(i) rule is substantially equivalent to new oil for a particular use. “New oil” is unused oil refined from crude oil, with or without additives; it does not include used or recycled oil. “Manufacturer” means a person who removes use-acquired impurities from used oil or blends the processed oil with new oil or additives. “Commission” means the Federal Trade Commission. (c) As soon as practicable after December 22, 1975, the National Institute of Standards and Technology must develop tests for deciding whether processed used oil or a blend is substantially equivalent to new oil for a particular use and then report the tests to the Commission. (d) (1) Within 90 days after receiving that report, the Commission must by rule prescribe tests for substantial equivalence and labeling standards for recycled-oil containers. The standards must allow a container to state a particular use for which equivalence was determined. (2) By the end of that 90-day period, the Environmental Protection Agency Administrator must prescribe labeling standards for new, used, and recycled oil about proper disposal after use, designed as far as practicable to reduce environmental hazards and waste. (e) From the effective date of the Commission's standards, no other Commission rule or order, and no State or local law, regulation, rule, or order, may require a properly labeled recycled-oil container to carry a different comparative-characteristics label. No Commission rule or order may require a label suggesting recycled oil is less than substantially equivalent to new oil. (f) After the Commission rules take effect, Federal officials must act within their authority to carry out this section, including revising procurement policies to encourage military and nonmilitary Federal purchase of available recycled oil at competitive prices for the same use, and educating government employees and private-sector people about recycled oil's merits, the need to reduce pressure on oil reserves, and proper used-oil disposal.

the actual law source: uscode.house.gov ↗public domain
(a) Purpose

The purposes of this section are—

(1)

to encourage the recycling of used oil;

(2)

to promote the use of recycled oil;

(3)

to reduce consumption of new oil by promoting increased utilization of recycled oil; and

(4)

to reduce environmental hazards and wasteful practices associated with the disposal of used oil.

(b) Definitions

As used in this section:

(1)

the term “used oil” means any oil which has been refined from crude oil, has been used, and as a result of such use has been contaminated by physical or chemical impurities.

(2)

The term “recycled oil” means—

(A)

used oil from which physical and chemical contaminants acquired through use have been removed by re-refining or other processing, or

(B)

any blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives,

with respect to which the manufacturer has determined, pursuant to the rule prescribed under subsection (d)(1)(A)(i), is substantially equivalent to new oil for a particular end use.

(3)

The term “new oil” means any oil which has been refined from crude oil and has not been used, and which may or may not contain additives. Such term does not include used oil or recycled oil.

(4)

The term “manufacturer” means any person who re-refines or otherwise processes used oil to remove physical or chemical impurities acquired through use or who blends such re-refined or otherwise processed used oil with new oil or additives.

(5)

The term “Commission” means the Federal Trade Commission.

(c) Test procedures for determining substantial equivalency of recycled oil and new oil

As soon as practicable after December 22, 1975, the National Institute of Standards and Technology shall develop test procedures for the determination of substantial equivalency of re-refined or otherwise processed used oil or blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with new oil for a particular end use. As soon as practicable after development of such test procedures, the National Institute of Standards and Technology shall report such procedures to the Commission.

(d) Promulgation of rules prescribing test procedures and labeling standards
(1)
(A)

Within 90 days after the date on which the Commission receives the report under subsection (c), the Commission shall, by rule, prescribe—

(i)

test procedures for the determination of substantial equivalency of re-refined or otherwise processed used oil or blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with new oil distributed for a particular end use; and

(ii)

labeling standards applicable to containers of recycled oil in order to carry out the purposes of this section.

(B)

Such labeling standards shall permit any container of recycled oil to bear a label indicating any particular end use for which a determination of substantial equivalency has been made pursuant to subparagraph (A)(i).

(2)

Not later than the expiration of such 90-day period, the Administrator of the Environmental Protection Agency shall, by rule, prescribe labeling standards applicable to containers of new oil, used oil, and recycled oil relating to the proper disposal of such oils after use. Such standards shall be designed to reduce, to the maximum extent practicable, environmental hazards and wasteful practices associated with the disposal of such oils after use.

(e) Labeling standards

Beginning on the effective date of the standards prescribed pursuant to subsection (d)(1)(A)—

(1)

no rule or order of the Commission, other than the rules required to be prescribed pursuant to subsection (d)(1)(A), and no law, regulation, or order of any State or political subdivision thereof may apply, or remain applicable, to any container of recycled oil, if such law, regulation, rule, or order requires any container of recycled oil, which container bears a label in accordance with the terms of the rules prescribed under subsection (d)(1)(A), to bear any label with respect to the comparative characteristics of such recycled oil with new oil which is not identical to that permitted by the rule respecting labeling standards prescribed under subsection (d)(1)(A)(ii); and

(2)

no rule or order of the Commission may require any container of recycled oil to also bear a label containing any term, phrase, or description which connotes less than substantial equivalency of such recycled oil with new oil.

(f) Conformity of acts of Federal officials to Commission rules

After the effective date of the rules required to be prescribed under subsection (d)(1)(A), all Federal officials shall act within their authority to carry out the purposes of this section, including—

(1)

revising procurement policies to encourage procurement of recycled oil for military and nonmilitary Federal uses whenever such recycled oil is available at prices competitive with new oil procured for the same end use; and

(2)

educating persons employed by Federal and State governments and private sectors of the economy of the merits of recycled oil, the need for its use in order to reduce the drain on the Nation’s oil reserves, and proper disposal of used oil to avoid waste of such oil and to minimize environmental hazards associated with improper disposal.

Source credit: (Pub. L. 94–163, title III, § 383, Dec. 22, 1975, 89 Stat. 940; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.)

history & why it existsrecord from the source credit
  • 1975Enacted · Pub. L. 94-163 · 89 Stat. 940
  • 1988Amended · Pub. L. 100-418 · 102 Stat. 1433

A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-163 on 1975-12-22.

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