(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.
(c) Used oil which 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)), 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);
(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), 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.
(
Pub. L. 89–272, title II, § 3014, formerly § 3012, as added
Pub. L. 96–463, § 7(a),
Oct. 15, 1980,
94 Stat. 2057, and renumbered and amended
Pub. L. 98–616, title II, §§ 241(a), 242, title V, § 502(g)(1),
Nov. 8, 1984,
98 Stat. 3258, 3260, 3277.)
Amendments
1984—Subsec. (a). Pub. L. 98–616, §§ 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, § 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, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
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