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42 U.S.C. § 6935 — Restrictions on recycled oil

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6935 — Restrictions on recycled oil

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Source location: Title 42, Chapter 82, § 6935; chapter-082-solid-waste-disposal.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim), the standards promulgated under section 11 So in original. Probably should be “sections”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925/c&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925&num=0&edition=prelim) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6924&num=0&edition=prelim); except that the Administrator may require such owners and operators to obtain an individual permit under [section 6925(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925/c&num=0&edition=prelim) 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) shall not be required to obtain a permit under [section 6925(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925/c&num=0&edition=prelim) with respect to such used oil until the Administrator has promulgated standards under [section 6924 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6924&num=0&edition=prelim) regarding the recycling of such used oil.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6903 — Definitions

As used in this chapter: (1) The term “Administrator” means the Administrator of the Environmental Protection Agency. (2) The term “construction,” with respect to any project of construction under this chapter, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion. (2A) The term “demonstration” means the initial exhibition of a new technology process or practice or a significantly new combination or use of technologies, processes or practices, subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness. (3) The term “disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or haz

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6903

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6921 — Identification and listing of hazardous waste

**(a) Criteria for identification or listing** Not later than eighteen months after October 21, 1976, the Administrator shall, after notice and opportunity for public hearing, and after consultation with appropriate Federal and State agencies, develop and promulgate criteria for identifying the characteristics of hazardous waste, and for listing hazardous waste, which should be subject to the provisions of this subchapter, taking into account toxicity, persistence, and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness, and other hazardous characteristics. Such criteria shall be revised from time to time as may be appropriate. **(b) Identification and listing** (1) Not later than eighteen months after October 21, 1976, and after notice and opportunity for public hearing, the Administrator shall promulgate regulations identifying the characteristics of hazardous waste, and listing particular hazardous wastes (within the meaning of [section 6903(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6903/5&num=0&edition=prelim)), which shall be subject to the provisions of this subchapter. Such regulations shall be based on the criteria promulgated under subsection (a) and shall be revised from time to time thereafter as may be appropriate. The Administrator, in cooperation with the Agency for Toxic Substances and Disease Registry and the National Toxicology Program, shall also identify or list those hazardous wastes which shall be subject to the provisions of this subchapter solely because of the presence in such wastes of certain constituents (such as identified carcinogens, mutagens, or teratagens) 11 So in original. Probably should be “teratogens)”. at le

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6921

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6925 — Permits for treatment, storage, or disposal of hazardous waste

**(a) Permit requirements** Not later than eighteen months after October 21, 1976, the Administrator shall promulgate regulations requiring each person owning or operating an existing facility or planning to construct a new facility for the treatment, storage, or disposal of hazardous waste identified or listed under this subchapter to have a permit issued pursuant to this section. Such regulations shall take effect on the date provided in [section 6930 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6930&num=0&edition=prelim) and upon and after such date the treatment, storage, or disposal of any such hazardous waste and the construction of any new facility for the treatment, storage, or disposal of any such hazardous waste is prohibited except in accordance with such a permit. No permit shall be required under this section in order to construct a facility if such facility is constructed pursuant to an approval issued by the Administrator under [section 2605(e) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2605/e&num=0&edition=prelim) for the incineration of polychlorinated biphenyls and any person owning or operating such a facility may, at any time after operation or construction of such facility has begun, file an application for a permit pursuant to this section authorizing such facility to incinerate hazardous waste identified or listed under this subchapter. **(b) Requirements of permit application** Each application for a permit under this section shall contain such information as may be required under regulations promulgated by the Administrator, including information respecting— (1) estimates with respect to the composition, quantities, and concentrations of any hazardous w

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6925

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6932 — Transferred

### Statutory Notes #### Codification Section, Pub. L. 89–272, title II, § 3012, as added Pub. L. 96–463, § 7(a), Oct. 15, 1980, 94 Stat. 2057, was redesignated section 3014 of Pub. L. 89–272 by Pub. L. 98–616, title V, § 502(g)(1), Nov. 8, 1984, 98 Stat. 3277, and was transferred to [section 6935 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6935&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6932

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6924 — Standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities

**(a) In general** Not later than eighteen months after October 21, 1976, and after opportunity for public hearings and after consultation with appropriate Federal and State agencies, the Administrator shall promulgate regulations establishing such performance standards, applicable to owners and operators of facilities for the treatment, storage, or disposal of hazardous waste identified or listed under this subchapter, as may be necessary to protect human health and the environment. In establishing such standards the Administrator shall, where appropriate, distinguish in such standards between requirements appropriate for new facilities and for facilities in existence on the date of promulgation of such regulations. Such standards shall include, but need not be limited to, requirements respecting— (1) maintaining records of all hazardous wastes identified or listed under this chapter which is treated, stored, or disposed of, as the case may be, and the manner in which such wastes were treated, stored, or disposed of; (2) satisfactory reporting, monitoring, and inspection and compliance with the manifest system referred to in section 6922(5) 11 See References in Text note below. of this title; (3) treatment, storage, or disposal of all such waste received by the facility pursuant to such operating methods, techniques, and practices as may be satisfactory to the Administrator; (4) the location, design, and construction of such hazardous waste treatment, disposal, or storage facilities; (5) contingency plans for effective action to minimize unanticipated damage from any treatment, storage, or disposal of any such hazardous waste; (6) the maintenance of operation of such facilities and requiring such additional qualifications as to ownership, continuity of operation,

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6926 — Authorized State hazardous waste programs

**(a) Federal guidelines** Not later than eighteen months after October 21, 1976, the Administrator, after consultation with State authorities, shall promulgate guidelines to assist States in the Development of State hazardous waste programs. **(b) Authorization of State program** Any State which seeks to administer and enforce a hazardous waste program pursuant to this subchapter may develop and, after notice and opportunity for public hearing, submit to the Administrator an application, in such form as he shall require, for authorization of such program. Within ninety days following submission of an application under this subsection, the Administrator shall issue a notice as to whether or not he expects such program to be authorized, and within ninety days following such notice (and after opportunity for public hearing) he shall publish his findings as to whether or not the conditions listed in items (1), (2), and (3) below have been met. Such State is authorized to carry out such program in lieu of the Federal program under this subchapter in such State and to issue and enforce permits for the storage, treatment, or disposal of hazardous waste (and to enforce permits deemed to have been issued under section 6935(d)(1) 11 See References in Text note below. of this title) unless, within ninety days following submission of the application the Administrator notifies such State that such program may not be authorized and, within ninety days following such notice and after opportunity for public hearing, he finds that (1) such State program is not equivalent to the Federal program under this subchapter, (2) such program is not consistent with the Federal or State programs applicable in other States, or (3) such program does not provide adequate enforcement of compliance w

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6930 — Effective date

**(a) Preliminary notification** Not later than ninety days after promulgation of regulations under [section 6921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim) identifying by its characteristics or listing any substance as hazardous waste subject to this subchapter, any person generating or transporting such substance or owning or operating a facility for treatment, storage, or disposal of such substance shall file with the Administrator (or with States having authorized hazardous waste permit programs under [section 6926 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6926&num=0&edition=prelim)) a notification stating the location and general description of such activity and the identified or listed hazardous wastes handled by such person. Not later than fifteen months after November 8, 1984— (1) the owner or operator of any facility which produces a fuel (A) from any hazardous waste identified or listed under [section 6921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim), (B) from such hazardous waste identified or listed under [section 6921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6921&num=0&edition=prelim) and any other material, (C) from used oil, or (D) from used oil and any other material; (2) the owner or operator of any facility (other than a single- or two-family residence) which burns for purposes of energy recovery any fuel produced as provided in paragraph (1) or any fuel which otherwise contains used oil or any hazardous waste identified or listed under [section 6921 of this title](https://uscode.house.gov/view.xhtml?req=gra

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6930

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6933 — Hazardous waste site inventory

**(a) State inventory programs** Each State shall, as expeditiously as practicable, undertake a continuing program to compile, publish, and submit to the Administrator an inventory describing the location of each site within such State at which hazardous waste has at any time been stored or disposed of. Such inventory shall contain— (1) a description of the location of the sites at which any such storage or disposal has taken place before the date on which permits are required under [section 6925 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6925&num=0&edition=prelim) for such storage or disposal; (2) such information relating to the amount, nature, and toxicity of the hazardous waste at each such site as may be practicable to obtain and as may be necessary to determine the extent of any health hazard which may be associated with such site; (3) the name and address, or corporate headquarters of, the owner of each such site, determined as of the date of preparation of the inventory; (4) an identification of the types or techniques of waste treatment or disposal which have been used at each such site; and (5) information concerning the current status of the site, including information respecting whether or not hazardous waste is currently being treated or disposed of at such site (and if not, the date on which such activity ceased) and information respecting the nature of any other activity currently carried out at such site. For purposes of assisting the States in compiling information under this section, the Administrator shall make available to each State undertaking a program under this section such information as is available to him concerning the items specified in paragraphs (1) through (5) with respect to the sites

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9614 — Relationship to other law

**(a) Additional State liability or requirements with respect to release of substances within State** Nothing in this chapter shall be construed or interpreted as preempting any State from imposing any additional liability or requirements with respect to the release of hazardous substances within such State. **(b) Recovery under other State or Federal law of compensation for removal costs or damages, or payment of claims** Any person who receives compensation for removal costs or damages or claims pursuant to this chapter shall be precluded from recovering compensation for the same removal costs or damages or claims pursuant to any other State or Federal law. Any person who receives compensation for removal costs or damages or claims pursuant to any other Federal or State law shall be precluded from receiving compensation for the same removal costs or damages or claims as provided in this chapter. **(c) Recycled oil** (1) **Service station dealers, etc.** — No person (including the United States or any State) may recover, under the authority of subsection (a)(3) or (a)(4) of [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim), from a service station dealer for any response costs or damages resulting from a release or threatened release of recycled oil, or use the authority of [section 9606 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9606&num=0&edition=prelim) against a service station dealer other than a person described in subsection (a)(1) or (a)(2) of [section 9607 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9607&num=0&edition=prelim), if such recycled oil— (A) is not mixed with any other h

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6935 — Restrictions on recycled oil

Page 6964 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6935 1 So in original. Probably should be ‘‘sections’’. may present a substantial hazard to human health or the environment, he may issue an order requiring the owner or operator of such fa- cility or site to conduct such monitoring, test- ing, analysis, and reporting with respect to such facility or site as the Administrator deems rea- sonable to ascertain the nature and extent of such hazard. (b) Previous owners and operators In the case of any facility or site not in oper- ation at the time a determination is made under subsection (a) with respect to the facility or site, if the Administrator finds that the owner of such facility or site could not reasonably be ex- pected to have actual knowledge of the presence of hazardous waste at such facility or site and of its potential for release, he may issue an order requiring the most recent previous owner or op- erator of such facility or site who could reason- ably be expected to have such actual knowledge to carry out the actions referred to in sub- section (a). (c) Proposal An order under subsection (a) or (b) shall re- quire the person to whom such order is issued to submit to the Administrator within 30 days from the issuance of such order a proposal for car- rying out the required monitoring, testing, anal- ysis, and reporting. The Administrator may, after providing such person with an opportunity to confer with the Administrator respecting such proposal, require such person to carry out such monitoring, testing, analysis, and report- ing in accordance with such proposal, and such modifications in such proposal as the Adminis- trator deems reasonable to ascertain the nature and extent of the hazard. (d) Monitoring, etc., carried out by Admin

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6935

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