
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: 42USC6935]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
               SUBCHAPTER III--HAZARDOUS WASTE MANAGEMENT
 
Sec. 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.
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    \1\ So in original. Probably should be ``sections''.
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    (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.

(Pub. L. 89-272, title II, Sec. 3014, formerly Sec. 3012, as added Pub. 
L. 96-463, Sec. 7(a), Oct. 15, 1980, 94 Stat. 2057, and renumbered and 
amended Pub. L. 98-616, title II, Secs. 241(a), 242, title V, 
Sec. 502(g)(1), Nov. 8, 1984, 98 Stat. 3258, 3260, 3277.)

                          Codification

    Section was formerly classified to section 6932 of this title.


                               Amendments

    1984--Subsec. (a). Pub. L. 98-616, Secs. 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, Sec. 241(a), added subsecs. (b) 
to (d).

                          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, see note set out under section 6903 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 6926, 6930, 6976, 9614 of 
this title.
