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 Adminis- trator (1) If the Administrator determines that no owner or operator referred to in subsection (a) or (b) is able to conduct monitoring, testing, analysis, or reporting satisfactory to the Ad- ministrator, if the Administrator deems any such action carried out by an owner or operator to be unsatisfactory, or if the Administrator cannot initially determine that there is an owner or operator referred to in subsection (a) or (b) who is able to conduct such monitoring, testing, analysis, or reporting, he may— (A) conduct monitoring, testing, or analysis (or any combination thereof) which he deems reasonable to ascertain the nature and extent of the hazard associated with the site con- cerned, or (B) authorize a State or local authority or other person to carry out any such action, and require, by order, the owner or operator re- ferred to in subsection (a) or (b) to reimburse the Administrator or other authority or person for the costs of such activity. (2) No order may be issued under this sub- section requiring reimbursement of the costs of any action carried out by the Administrator which confirms the results of an order issued under subsection (a) or (b). (3) For purposes of carrying out this sub- section, the Administrator or any authority or other person authorized under paragraph (1), may exercise the authorities set forth in section 6927 of this title. (e) Enforcement The Administrator may commence a civil ac- tion against any person who fails or refuses to comply with any order issued under this section. Such action shall be brought in the United States district court in which the defendant is located, resides, or is doing business. Such court shall have jurisdiction to require compliance with such order and to assess a civil penalty of not to exceed $5,000 for each day during which such failure or refusal occurs. (Pub. L. 89–272, title II, § 3013, as added Pub. L. 96–482, § 17(a), Oct. 21, 1980, 94 Stat. 2344.) Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion 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. § 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 pro- tect the public health and the environment from hazards associated with recycled oil. In devel- oping 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 regu- lations do not discourage the recovery or recy- cling of used oil, consistent with the protection of human health and the environment. (b) Identification or listing of used oil as haz- ardous 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 Adminis- trator 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 stand- ards 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. (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 Adminis- trator shall promulgate such standards under this subsection regarding the generation and Page 6965 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6936 transportation of used oil which is recycled as may be necessary to protect human health and the environment. In promulgating such regula- tions with respect to generators, the Adminis- trator 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 de- fined 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 sub- ject to any manifest requirement or any associ- ated recordkeeping and reporting requirement with respect to such used oil if such generator— (i) either— (I) enters into an agreement or other ar- rangement (including an agreement or ar- rangement 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); (ii) such used oil is not mixed by the gener- ator 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 re- ferred to in clause (i)(I), as the Administrator deems necessary to protect human health and the environment. (3) The regulations under this subsection re- garding 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 facil- ity 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 stand- ards 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 sub- section (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 op- erators 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) shall not be re- quired 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 re- cycling of such used oil. (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.) Editorial Notes CODIFICATION Section was formerly classified to section 6932 of this title. AMENDMENTS 1984—Subsec. (a). Pub. L. 98–616, §§ 241(a), 242, des- ignated 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 sub- secs. (b) to (d). Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion 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. § 6936. Expansion during interim status (a) Waste piles The owner or operator of a waste pile quali- fying for the authorization to operate under sec- tion 6925(e) of this title shall be subject to the same requirements for liners and leachate col- lection systems or equivalent protection pro- vided in regulations promulgated by the Admin- istrator under section 6924 of this title before October 1, 1982, or revised under section 6924(o) of this title (relating to minimum technological requirements), for new facilities receiving indi- vidual permits under subsection (c) of section 6925 of this title, with respect to each new unit, replacement of an existing unit, or lateral ex- pansion of an existing unit that is within the waste management area identified in the permit application submitted under section 6925 of this title, and with respect to waste received begin- ning six months after November 8, 1984. (b) Landfills and surface impoundments (1) The owner or operator of a landfill or sur- face impoundment qualifying for the authoriza- tion to operate under section 6925(e) of this title shall be subject to the requirements of section 6924(o) of this title (relating to minimum tech- nological requirements), with respect to each new unit, replacement of an existing unit, or lateral expansion of an existing unit that is within the waste management area identified in the permit application submitted under this sec- tion, and with respect to waste received begin- ning 6 months after November 8, 1984.