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103D CONGRESS

1ST SESSION H. R. 131

To amend the Solid Waste Disposal Act and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Suprefund)

to provide for the recycling and management of used oil and to reduce

emissions of lead into the ambient air, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mrs. COLLINS of Illinois introduced the following bill; which was referred to

the Committee on Energy and Commerce

A BILL

To amend the Solid Waste Disposal Act and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Suprefund) to provide for the recycling

and management of used oil and to reduce emissions

of lead into the ambient air, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Oil Recycling and Safe

5 Handling Act of 1993’’.
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1 SEC. 2. MANAGEMENT OF USED OIL.

2 (a) DEFINITION OF USED OIL.—Section 1004(36) of

3 the Solid Waste Disposal Act is amended to read as fol4 lows:

5 ‘‘(36) The term ‘used oil’ means any oil which

6 has been—

7 ‘‘(A) refined from crude oil,

8 ‘‘(B) used, and

9 ‘‘(C) as a result of such use or as a result

10 of spillage or commingling with other wastes,

11 contaminated by physical or chemical impuri12 ties.’’.

13 (b) RESTRICTIONS ON USED OIL.—(1) Section 3014

14 of the Solid Waste Disposal Act is amended to read as

15 follows:

16 ‘‘SEC. 3014. MANAGEMENT OF USED OIL.

17 ‘‘(a) MODIFIED LISTING AS A HAZARDOUS WASTE.—

18 ‘‘(1) LISTING OF CERTAIN USED OIL AND

19 PRODUCTS DERIVED FROM USED OIL.—Not later

20 than 12 months after the date of enactment of the

21 National Waste Reduction, Recycling, and Manage22 ment Act, the Administrator shall promulgate regu23 lations under section 3001 listing as a hazardous

24 waste used oil, and any product derived from used

25 oil, that fails to meet the specifications set forth in

26 paragraph (2).
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1 ‘‘(2) SPECIFICATIONS FOR LISTING—

2 ‘‘(A) IN GENERAL.—The specifications re3 ferred to in paragraph (1) are as follows:

4 ‘‘(i) Flashpoint: 100° F. minimum.

5 ‘‘(ii) Lead: 2 ppm maximum.

6 ‘‘(iii) Arsenic: 2 ppm maximum.

7 ‘‘(iv) Chromium: 2 ppm maximum.

8 ‘‘(v) Cadmium: 2 ppm maximum.

9 ‘‘(vi) Total halogens: 1,000 ppm maxi10 mum.

11 ‘‘(vii) Polychlorinated biphenyls

12 (PCBs): 2 ppm maximum.

13 No used oil shall be listed or identified as a

14 hazardous waste for purposes of this subtitle if

15 it meets each of the specifications set forth in

16 clauses (i) through (vii) above. No product de17 rived from used oil shall be listed or identified

18 as a hazardous waste for purposes of this sub19 title if it meets each of the specifications set

20 forth in clauses (i) through (vii) above. Compli21 ance with the specifications set forth in this

22 subparagraph may not be achieved by blending

23 used oil with virgin oil or with any other solid

24 waste or other material.
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1 ‘‘(B) MARKETING OF FUEL.—Fuel con2 taining used oil which, without treatment,

3 meets the specifications of subparagraph (A)

4 (including the requirements relating to blend5 ing) may be marketed as containing ingredients

6 that never were, and are not now, hazardous

7 wastes if the used oil is analyzed upon receipt

8 at, and the used oil-derived fuel is analyzed be9 fore shipment from, the recycling facility to

10 demonstrate compliance with such specifica11 tions. Records of such analyses shall be re12 tained for at least 3 years.

13 ‘‘(3) USED OIL GENERATED BY PETROLEUM

14 REFINING OR PRODUCTION FACILITIES.—Used oil

15 generated by petroleum refining or production facili16 ties, which is to be refined along with normal proc17 ess streams at a petroleum refining facility, shall be

18 exempt from the provisions of this subtitle applicable

19 to hazardous waste if it is inserted into the refining

20 process or production pipeline.

21 ‘‘(b) EPA REGULATIONS.—

22 ‘‘(1) IN GENERAL.—On the effective date pro23 vided in subsection (i), the provisions of this subtitle

24 applicable to listed hazardous waste shall apply to

25 all used oil which fails to meet the specifications set
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1 forth in subsection (a)(2)(A). Simultaneously with

2 the promulgation of regulations listing used oil as

3 provided in subsection (a)(1), the Administrator

4 shall promulgate regulations under paragraph (2) of

5 this subsection, together with additional regulations

6 under this section applicable to the generation, col7 lection, transportation, treatment, storage, recycling,

8 burning and disposal of used oil which is listed as

9 provided in subsection (a)(1). Such regulations shall

10 take effect on the effective date provided in sub11 section (i). The Administrator shall ensure that such

12 regulations protect human health and the environ13 ment and, to the extent consistent with that goal, do

14 not discourage the recovery or recycling of used oil.

15 ‘‘(2) EXEMPTION FROM SUBTITLE C REQUIRE16 MENTS.—

17 ‘‘(A) PERSONS GENERATING USED OIL

18 WHICH IS HOUSEHOLD WASTE.—Any person

19 who generates used oil which is household waste

20 (as defined under regulations of the Adminis21 trator under this subtitle) shall be exempt, with

22 respect to such used oil, from regulation under

23 this section or under any other provision of this

24 subtitle.
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1 ‘‘(B) CURBSIDE PICKUP AND TRANSPOR2 TATION OF USED OIL.—The curbside pickup

3 and transportation of used oil which is house4 hold waste (as defined under regulations of the

5 Administrator under this subtitle) from residen6 tial locations as part of a curbside pickup pro7 gram sanctioned by a State or local government

8 shall be exempt from regulation under this sec9 tion or under any other provision of this sub10 title. For purposes of this subparagraph, the

11 term ‘curbside pickup’ shall not include storage

12 (including storage at a used oil collection center

13 which is part of a program sanctioned by a

14 State or local government).

15 ‘‘(C) RECYCLING OF SCRAP METAL, PAPER,

16 PLASTIC, GLASS, TEXTILES, ETC.—No scrap

17 metal, paper, plastic, glass, textile, or any ab18 sorbent material shall be subject to this section

19 by reason of the incidental presence of used oil

20 in or on such material.

21 ‘‘(c) GENERATION AND COLLECTION CENTERS.—

22 Notwithstanding the listing of used oil under section 3001,

23 no generator of used oil and no person operating a used

24 oil collection center shall be deemed to have generated or

25 stored a listed hazardous waste, and no such generator
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1 or collection center shall be subject to regulation under

2 provisions of this subtitle other than this section, if such

3 generator or collection center has complied with each of

4 the following paragraphs—

5 ‘‘(1) The generator or collection center has ei6 ther—

7 ‘‘(A) recycled or burned the used oil at any

8 facility with a permit under subsection (c) or

9 (e) of section 3005, or

10 ‘‘(B) entered into an agreement or other

11 arrangement with a transporter, recycler, or

12 any other person for periodic transportation of

13 the used oil from the point of generation or col14 lection by a licensed used oil transporter for de15 livery to a facility with a permit under sub16 section (c) or (e) of section 3005 within 90 days

17 of generation (except that volumes of less than

18 500 gallons may be stored by the generator for

19 up to 12 months prior to such delivery).

20 ‘‘(2) The generator or collection center has not

21 disposed of the used oil in a manner other than as

22 provided under paragraph (1) or mixed the used oil

23 with any other type of hazardous wastes. The Ad24 ministrator shall promulgate rules under which any

25 used oil collection center which is also a generator
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1 of used oil may segregate the used oil which such

2 person generates from the used oil collected from

3 other persons. For purposes of this paragraph, no

4 generator of used oil or used oil collection center

5 shall be presumed to have mixed such used oil with

6 other hazardous waste by reason of the used oil’s

7 halogen content if the halogen content of such used

8 oil is less than 3,000 parts per million (ppm).

9 ‘‘(3) The generator or collection center has

10 maintained records of—

11 ‘‘(A) the volume of all used oil recycled or

12 burned by the generator or collection center at

13 a facility which has a permit under subsection

14 (c) or (e) of section 3005; and

15 ‘‘(B) all agreements or arrangements pur16 suant to paragraph (1) and the approximate

17 volume of all used oil transferred to any other

18 person for transportation to a facility which has

19 a permit under subsection (c) or (e) of section

20 3005.

21 ‘‘(d) TRANSPORTATION.—All transporters of used oil

22 which is a hazardous waste listed under section 3001 shall

23 comply with standards promulgated under section 3003,

24 except that in the case of used oil that does not contain

25 concentrations of 3,000 parts per million (ppm) or more
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1 of halogens, the Administrator shall modify the require2 ments otherwise applicable under section 3003 to used oil

3 transporters to require such transporters to meet the in4 surance requirements of the Hazardous Materials Trans5 portation Act for fuel oil not otherwise specified. The Ad6 ministrator shall also modify the manifest requirements

7 applicable to such used oil so as to allow the transporter

8 to fill out 1 manifest for each load delivered to a facility

9 which has a permit under subsection (c) or (e) of section

10 3005, which manifest shall list each source and volume

11 of the oil delivered to the facility. The transporter shall

12 provide to the generator or collection center a receipt for

13 the oil transported, setting forth the name and address

14 of the permitted facility to which the oil will be trans15 ported and such other information as the Administrator

16 may deem necessary.

17 ‘‘(e) DISPOSAL, BURNING, OR PROCESSING FACILI18 TIES.—

19 ‘‘(1) IN GENERAL.—The regulations under this

20 section shall require hazardous waste management

21 units of facilities that dispose of, or burn, used oil

22 which is hazardous waste listed under section 3001

23 or that process or rerefine any such used oil which

24 is generated off-site to comply, without exception,

25 with the standards promulgated under section 3004
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1 applicable to hazardous waste treatment, storage

2 and disposal facilities, as in effect as of the date of

3 the enactment of the National Waste Reduction, Re4 cycling, and Management Act. Each hazardous

5 waste management unit of a facility referred to in

6 the preceding sentence shall be required to obtain an

7 individual permit under section 3005(c) and the Ad8 ministrator may not issue a permit-by-rule for any

9 such facility. Each facility that processes or rerefines

10 any such used oil to produce a product that meets

11 the specifications set forth in subsection (a)(2)(A) of

12 this section shall maintain records of volumes and

13 constituent concentrations of incoming used oil and

14 outgoing recycled oil and documentation to dem15 onstrate to the satisfaction of the Administrator that

16 compliance with such specifications have been

17 achieved without blending used oil with virgin oil or

18 with any other solid waste or other material.

19 ‘‘(2) EXPEDITED PERMITTING.—The Adminis20 trator shall promulgate regulations to develop modi21 fied procedures to expedite the issuance of permits

22 to used oil recycling facilities referred to in para23 graph (1) where such facilities consist primarily of

24 tank and container units and where such permitting

25 does not involve decisions and determinations on
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1 site-specific matters (including, but not limited to

2 decisions on post-closure care, corrective action, or

3 other remediation).

4 ‘‘(f) USED OIL CREDIT SYSTEM.—The Administrator

5 shall promulgate rules under this subsection establishing

6 a mandatory recycling program for used oil to require pro7 ducers and importers of lubricating base stock to reuse

8 or guarantee the reuse of an annually increasing percent9 age of used lubricating oil. The program shall include the

10 establishment of a system of economic credits to imple11 ment such program. Such percentage for the first year of

12 this program shall be equal to the percentage which is 2

13 percent higher than the percent of used oil that was

14 rerefined into lubricating base stock or processed for en15 ergy recovery during the last calendar year ending prior

16 to the enactment of this Act and shall increase each year

17 for no fewer than 10 subsequent years at least an addi18 tional 2 percent per year.

19 ‘‘(g) USED OIL COLLECTION PROGRAMS.—In order

20 to encourage used oil collection the Administrator shall re21 quire States to provide economic and other incentives to

22 retailers and other persons who collect, or otherwise ac23 cept, used oil from persons exempt from regulation under

24 this title pursuant to subsection (b)(2)(A) or from persons

25 engaged in the curbside pickup or transportation of used
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1 oil which is exempt from this subtitle pursuant to sub2 section (b)(2)(B) where such retailer or other person col3 lecting or accepting the used oil does not impose a charge

4 on such persons for such collection or receipt. Each State

5 shall establish a program under this subsection which shall

6 include the imposition of fees in the amount of 5 cents

7 per quart on refined or re-refined lubricating base stock

8 sold or transferred in the State or imported into the State

9 for sale at retail in the State. No fee shall be required

10 for oil for which a fee has previously been imposed in any

11 State. The fee shall be paid by the person or entity who

12 first packages, distributes, or sells lubricating oil for use

13 in the State. Each such State shall use the revenues de14 rived from such fees to improve State and local used oil

15 collection efforts described in this subsection. A State may

16 also establish a system, in conjunction with a nonprofit

17 organization, to certify used oil collection sites which com18 ply with the requirements of this section as participants

19 in an ‘Environmentally Beneficial Used Oil Collection Pro20 gram.’.

21 ‘‘(h) DEFINITIONS.—As used in this section—

22 ‘‘(1) USED OIL COLLECTION CENTER.—The

23 term ‘used oil collection center’ means any site at

24 which used oil is accepted from other persons and

25 temporarily stored or any site at which used oil is
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1 removed from motor vehicles and temporarily stored,

2 including service stations, fleet maintenance facilities

3 and community recycling facilities. The term ‘used

4 oil collection center’ shall not include any site that

5 generates used oil as a household waste or any facil6 ity at which used oil is stored by a transporter sub7 ject to subsection (d) or a facility subject to sub8 section (e). The Administrator may limit this defini9 tion in terms of the maximum volume stored as may

10 be necessary.

11 ‘‘(2) USE OF TERMS ‘RECYCLE’ AND ‘RECY12 CLING’.—The terms ‘recycle’ and ‘recycling’ do not

13 include burning for heat, energy, disposal or for any

14 other purpose.

15 ‘‘(i) EFFECTIVE DATE.—The requirements of this

16 section applicable to the management of used oil and the

17 requirements of any regulations promulgated under this

18 section shall take effect on the date 18 months after the

19 enactment of the National Waste Reduction, Recycling,

20 and Management Act, except that the Administrator may

21 extend such effective date for not more than an additional

22 24 months in order to provide adequate opportunity for

23 facilities engaged in the recycling, burning, re-refining,

24 and storage of used oil to come into compliance with such

25 requirements.’’.
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1 (2) The item relating to section 3014 in the table of

2 contents for subtitle C of the Solid Waste Disposal Act

3 is amended to read as follows:

‘‘Sec. 3014. Management of used oil.’’.

4 (c) PROCUREMENT OF RE-REFINED OIL.—Section

5 6002(c) of the Solid Waste Disposal Act is amended by

6 adding the following after paragraph (3):

7 ‘‘(4) Each procuring agency shall submit a report to

8 the Administrator on the procuring agency’s annual review

9 and monitoring of the effectiveness of its re-refined oil

10 procurement program, as set forth in 40 C.F.R. section

11 252.24. The Administrator shall submit a report to Con12 gress summarizing these reports by October 1 of each

13 year, starting with October 1, 1992.’’.

14 (d) AMENDMENT OF CERCLA.—Section 114(c)(1)

15 of the Comprehensive Environmental Response, Com16 pensation, and Liability Act of 1980 (Superfund) is

17 amended to read as follows:

18 ‘‘(c) USED OIL.—

19 ‘‘(1) SERVICE STATION DEALERS, ETC.—No

20 person (including the United States or any State)

21 may bring an action under the authority of sub22 section (a)(3) or (a)(4) of section 107 against a

23 service station dealer for any response costs or dam24 ages resulting from a release or threatened release

25 of used oil, or use the authority of section 106
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1 against a service station dealer other than a person

2 described in subsection (a)(1) or (a)(2) of section

3 107, if such used oil—

4 ‘‘(A) is not mixed with any other hazard5 ous waste, and

6 ‘‘(B) is stored, treated, transported, or

7 otherwise managed in compliance with regula8 tions or standards promulgated pursuant to

9 section 3014 of the Solid Waste Disposal Act

10 and other applicable authorities.

11 Nothing in this paragraph shall affect or modify in

12 any way the obligations or liability of any person

13 under any other provision of State or Federal law,

14 including common law, for damages, injury, or loss

15 resulting from a release or threatened release of any

16 hazardous substance or for removal or remedial ac17 tion or the costs of removal or remedial action. For

18 the purpose of subsection (c)(1)(A), no used oil shall

19 be deemed to be mixed with hazardous waste by rea20 son of its halogen content if it contains less than

21 3,000 ppm halogens.’’.

22 (e) DEFINITION.—Section 101(37) of the Com23 prehensive Environmental Response, Compensation, and

24 Liability Act of 1980 is amended to read as follows:
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1 ‘‘(37)(A) The term ‘service station dealer’

2 means any person—

3 ‘‘(i) who owns or operates a motor vehicle

4 service station, filling station, garage, or similar

5 retail establishment engaged in the business of

6 selling, repairing, or servicing motor vehicles or

7 parts, where a significant percentage of the

8 gross revenue of the establishment is derived

9 from the fueling, repairing, servicing, or sale of

10 parts for motor vehicles, and

11 ‘‘(ii) who accepts for collection, accumula12 tion, and delivery to an oil recycling facility,

13 used oil that (I) has been removed from the en14 gine of a light duty motor vehicle or household

15 appliances by the owner of such vehicle or ap16 pliances, and (II) is presented, by such owner,

17 to such person for collection, accumulation, and

18 delivery to an oil recycling facility.

19 ‘‘(B) For purposes of section 114(c), the term

20 ‘service station dealer’ shall, notwithstanding the

21 provisions of subparagraph (A), include any govern22 ment agency that establishes a facility solely for the

23 purpose of accepting used oil that satisfies the cri24 teria set forth in subclauses (I) and (II) of subpara25 graph (A)(ii) and, with respect to used oil that satis-
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1 fies the criteria set forth in subclauses (I) and (II),

2 owners or operators of refuse collection services who

3 are compelled by State law to collect, accumulate,

4 and deliver such oil to an oil recycling facility.

5 ‘‘(C) The President shall promulgate regula6 tions regarding the determination of what con7 stitutes a significant percentage of the gross reve8 nues of an establishment for purposes of this para9 graph.’’.

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