
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6363]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
               SUBCHAPTER III--IMPROVING ENERGY EFFICIENCY
 
           Part D--Other Federal Energy Conservation Measures
 
Sec. 6363. Federal actions with respect to recycled oil


(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) of this section, 
    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) of this section, 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) of this section--
        (1) no rule or order of the Commission, other than the rules 
    required to be prescribed pursuant to subsection (d)(1)(A) of this 
    section, 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) of this section, 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) of this 
    section; 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) of this section, 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.

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


                               Amendments

    1988--Subsec. (c). Pub. L. 100-418 substituted ``National Institute 
of Standards and Technology'' for ``National Bureau of Standards'' in 
two places.


                   Applicability of Labeling Standards

    Pub. L. 96-463, Sec. 4(c), Oct. 15, 1980, 94 Stat. 2056, provided: 
``Before the effective date of the labeling standards required to be 
prescribed under section 383(d)(1)(A) of the Energy Policy and 
Conservation Act [subsec. (d)(1)(A) of this section], no requirement of 
any rule or order of the Federal Trade Commission may apply, or remain 
applicable, to any container of recycled oil (as defined in section 
383(b) of such Act [subsec. (b) of this section]) if such requirement 
provides that the container must bear any label referring to the fact 
that it has been derived from previously used oil. Nothing in this 
subsection [this note] shall be construed to affect any labeling 
requirement applicable to recycled oil under any authority of law to the 
extent such requirement relates to fitness for intended use or any other 
performance characteristic of such oil or to any characteristic of such 
oil other than that referred to in the preceding sentence.''

                  Section Referred to in Other Sections

    This section is referred to in section 6394 of this title.
