Not later than one year after , 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
section 6921 of this titlesection 6921 of this titleNot later than twelve months after , the Administrator shall propose whether to list or identify used automobile and truck crankcase oil as hazardous waste under . Not later than twenty-four months after , 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 .
(c)
Used oil which is recycled
(1)
section 6921 of this title11 So in original. Probably should be “sections”. With respect to generators and transporters of used oil identified or listed as a hazardous waste under , the standards promulgated under section 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 , 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)
1 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 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)
section 6925(c) of this title 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 (or for which a valid permit is deemed to be in effect under subsection (d)), or
(II)
section 6925 of this title recycles such used oil at one or more facilities of the generator which has such a permit under (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)
1section 6925 of this title The regulations under this subsection regarding the transportation of used oil which is exempt from the standards promulgated under section 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 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)
section 6924 of this titlesection 6925(c) of this title 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 ; except that the Administrator may require such owners and operators to obtain an individual permit under if he determines that an individual permit is necessary to protect human health and the environment.
(2)
section 6925(c) of this titlesection 6924 of this title 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 with respect to such used oil until the Administrator has promulgated standards under regarding the recycling of such used oil.
Pub. L. 98–6161984—Subsec. (a). , §§ 241(a), 242, designated existing provisions as subsec. (a) and inserted “, consistent with the protection of human health and the environment” at end.
section 6903 of this titleFor 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, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under .