42 U.S.C. § 6935 : US Code - Section 6935: Restrictions on recycled oil

Search 42 U.S.C. § 6935 : US Code - Section 6935: Restrictions on recycled oil

(a) In general
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) Identification or listing of used oil as hazardous waste
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) Used oil which is recycled
(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 (!1) 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) of this section), 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) Permits
(1) The owner or operator of a facility which recycles used oil
which is exempt under subsection (c)(1) of this section, 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) of this
section 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.