42 U.S.C. § 6363 — Federal actions with respect to recycled

Page 6799 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6363 President on the performance of the agencies in imple- menting the policies and actions contained in this Order. The report shall include (a) an assessment of each agency’s performance, including the reasonable- ness of its goals and the adequacy of its effort, (b) a comparison of private sector and State and local gov- ernment ridesharing efforts with those of the Federal government, and (c) recommendations for additional actions necessary to remove barriers or to provide addi- tional incentives to encourage more ridesharing by per- sonnel at Federal facilities. JIMMY CARTER. § 6362. Energy conservation policies and prac- tices (a) ‘‘Agency’’ defined In this section, ‘‘agency’’ means— (1) the Department of Transportation with respect to part A of subtitle VII of title 49, United States Code; (2) the Interstate Commerce Commission; (3) the Federal Maritime Commission; and (4) the Federal Power Commission. (b) Statement of probable impact of major regu- latory action on energy efficiency Except as provided in subsection (c), each of the agencies specified in subsection (a) shall, where practicable and consistent with the exer- cise of their authority under other law, include in any major regulatory action (as defined by rule by each such agency) taken by each such agency, a statement of the probable impact of such major regulatory action on energy effi- ciency and energy conservation. (c) Application of provisions to authority exer- cised to protect public health and safety Subsection (b) shall not apply to any author- ity exercised under any provision of law de- signed to protect the public health or safety. (Pub. L. 94–163, title III, § 382, Dec. 22, 1975, 89 Stat. 939; Pub. L. 103–272, § 4(h), July 5, 1994, 108 Stat. 1364.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–272, § 4(h)(1), added sub- sec. (a) and struck out former subsec. (a) which related to reports to Congress by Federal agencies, feasibility of additional savings in energy consumption, and ad- ministration of laws permitting inefficient use of en- ergy. Subsec. (b). Pub. L. 103–272, § 4(h)(2), substituted ‘‘sub- section (a)’’ for ‘‘subsection (a)(1)’’. Statutory Notes and Related Subsidiaries ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and func- tions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appro- priate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. § 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 pro- moting 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 contami- nated by physical or chemical impurities. (2) The term ‘‘recycled oil’’ means— (A) used oil from which physical and chem- ical 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), 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 per- son who re-refines or otherwise processes used oil to remove physical or chemical impurities acquired through use or who blends such re-re- fined or otherwise processed used oil with new oil or additives. (5) The term ‘‘Commission’’ means the Fed- eral 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 Tech- nology shall develop test procedures for the de- termination of substantial equivalency of re-re- fined 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 prac- ticable after development of such test proce- dures, the National Institute of Standards and Technology shall report such procedures to the Commission. (d) Promulgation of rules prescribing test proce- dures and labeling standards (1)(A) Within 90 days after the date on which the Commission receives the report under sub- section (c), the Commission shall, by rule, pre- scribe— (i) test procedures for the determination of substantial equivalency of re-refined or other- wise processed used oil or blend of oil, con- sisting of such re-refined or otherwise proc- essed used oil and new oil or additives, with Page 6800 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6364 new oil distributed for a particular end use; and (ii) labeling standards applicable to con- tainers 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 indi- cating any particular end use for which a deter- mination 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 la- beling 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 stand- ards prescribed pursuant to subsection (d)(1)(A)— (1) no rule or order of the Commission, other than the rules required to be prescribed pursu- ant to subsection (d)(1)(A), and no law, regula- tion, or order of any State or political subdivi- sion thereof may apply, or remain applicable, to any container of recycled oil, if such law, regulation, rule, or order requires any con- tainer of recycled oil, which container bears a label in accordance with the terms of the rules prescribed under subsection (d)(1)(A), 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 pre- scribed under subsection (d)(1)(A)(ii); 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 substan- tial equivalency of such recycled oil with new oil. (f) Conformity of acts of Federal officials to Com- mission rules After the effective date of the rules required to be prescribed under subsection (d)(1)(A), all Federal officials shall act within their authority to carry out the purposes of this section, includ- ing— (1) revising procurement policies to encour- age 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, § 383, Dec. 22, 1975, 89 Stat. 940; Pub. L. 100–418, title V, § 5115(c), Aug. 23, 1988, 102 Stat. 1433.) Editorial Notes AMENDMENTS 1988—Subsec. (c). Pub. L. 100–418 substituted ‘‘Na- tional Institute of Standards and Technology’’ for ‘‘Na- tional Bureau of Standards’’ in two places. Statutory Notes and Related Subsidiaries APPLICABILITY OF LABELING STANDARDS Pub. L. 96–463, § 4(c), Oct. 15, 1980, 94 Stat. 2056, pro- vided: ‘‘Before the effective date of the labeling stand- ards 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 con- tainer 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 require- ment relates to fitness for intended use or any other performance characteristic of such oil or to any char- acteristic of such oil other than that referred to in the preceding sentence.’’ § 6364. Operation of battery recharging stations in parking areas used by Federal employees (1) Authorization (A) In general The Administrator of General Services may install, construct, operate, and maintain on a reimbursable basis a battery recharging sta- tion (or allow, on a reimbursable basis, the use of a 120-volt electrical receptacle for battery recharging) in a parking area that is in the custody, control, or administrative jurisdic- tion of the General Services Administration for the use of only privately owned vehicles of employees of the General Services Administra- tion, tenant Federal agencies, and others who are authorized to park in such area to the ex- tent such use by only privately owned vehicles does not interfere with or impede access to the equipment by Federal fleet vehicles. (B) Areas under other Federal agencies The Administrator of General Services (on the request of a Federal agency) or the head of a Federal agency may install, construct, oper- ate, and maintain on a reimbursable basis a battery recharging station (or allow, on a re- imbursable basis, the use of a 120-volt elec- trical receptacle for battery recharging) in a parking area that is in the custody, control, or administrative jurisdiction of the requesting Federal agency, to the extent such use by only privately owned vehicles does not interfere with or impede access to the equipment by Federal fleet vehicles. (C) Use of vendors The Administrator of General Services, with respect to subparagraph (A) or (B), or the head of a Federal agency, with respect to subpara- graph (B), may carry out such subparagraph through a contract with a vendor, under such terms and conditions (including terms relating to the allocation between the Federal agency and the vendor of the costs of carrying out the